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(영문) 서울남부지방법원 2015.10.02 2015가단10497

건물인도

Text

1. The Defendants shall receive KRW 280,000,000 from the Plaintiff and at the same time obtain real estate stated in the attached Table from the Plaintiff.

Reasons

1. Basic facts

A. On January 31, 2013, the Plaintiff entered into an apartment lease agreement with the Defendants, who had already resided in the real estate listed in the separate sheet (hereinafter “instant apartment”) in the rent deposit amounting to KRW 250 million, increased the lease deposit amount to KRW 280 million and the lease period from February 14, 2013 to February 13, 2015 (hereinafter “instant lease agreement”). The Defendants are residing in the instant apartment complex by paying the Plaintiff the said increased deposit amount to KRW 30 million.

B. From the beginning of December 2014, the Plaintiff expressed to the Defendants that the Defendants had no intent to extend the instant contract by telephone, and on February 3, 2015, the Plaintiff requested the Defendants to file a director on February 13, 2015, which is the expiry date of the instant lease contract, with the content certification.

[Reasons for Recognition] Facts, Gap's evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. According to the above facts, since the lease contract of this case terminated on February 13, 2015, the lease contract of this case was terminated on the expiration of the lease term, the Defendants are liable to deliver the apartment of this case at the same time as the Plaintiff was returned the deposit amount of KRW 280 million from the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.