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(영문) 서울북부지방법원 2019.09.18 2019가단3438

건물인도

Text

1. The defendant shall give order to the plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the one story of real estate listed in the attached list.

Reasons

1. The Plaintiff, on February 26, 2016, leased a deposit of KRW 10 million, monthly rent of KRW 300,000,000, and KRW 24 months from March 31, 2016 to March 30, 2018 with respect to the portion of KRW 18 square meters inside the ship (a) connected each point in sequence with the indication of drawings among the real estate 1st floor listed in the separate sheet, as indicated in the separate sheet (hereinafter “instant store”). Upon request of C and the Defendant, the Plaintiff did not agree to use the instant store on the condition that the Defendant directly pays KRW 300,000,000 to the Plaintiff during the period from September 2, 2016 to March 31, 2018, on the ground that the Plaintiff, on March 28, 2018, notified the Defendant of the expiration date of the lease agreement between the Plaintiff and the Defendant on March 28, 2018.

According to the above facts, it is reasonable to view that the lease contract between the Plaintiff and C was terminated due to the expiration of the period of March 30, 2018, and as long as the Defendant who occupies and uses the instant store based on the above lease contract no longer has the right to possess the instant store, the Defendant is obligated to deliver the instant store to the Plaintiff.

2. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.