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(영문) 서울중앙지방법원 2015.12.29 2015가단5167675

건물인도

Text

1. The defendant shall receive KRW 10,000,000 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.

Reasons

1. Basic facts

A. On June 10, 2005, the Plaintiff concluded a lease deposit amount of KRW 10,000,000 with respect to the real estate listed in the separate sheet (hereinafter “instant store”) owned by the Plaintiff (hereinafter “instant lease”). From April 23, 2005 to April 24, 2007, the lease deposit was set at KRW 10,000,000, monthly rent was leased (hereinafter “instant lease contract”). The instant lease contract was explicitly renewed, and the period was extended until April 24, 2015.

B. On January 21, 2015, the Plaintiff notified the Defendant of the refusal to renew the instant lease agreement, and the said notification was served to the Defendant on January 23, 2015.

[Grounds for Recognition: Entry in Evidence Nos. 1 to 4, and the purport of the whole pleadings]

2. According to the above facts, the instant lease agreement was terminated on April 24, 2015 according to the Plaintiff’s notice of rejection of renewal, and thus, the Defendant is obligated to return KRW 10,000,000 from the Plaintiff’s deposit and deliver the instant store to the Plaintiff as requested by the Plaintiff, except in extenuating circumstances.

The defendant paid 25,00,000 won to the previous lessee for the premium, and had been engaged in the real estate brokerage business for more than 10 years after moving into the store of this case. The plaintiff requested excessive increase of rent and cannot renew the lease contract of this case. Thus, the plaintiff's claim cannot be complied with. However, the defendant's claim cannot be accepted on the ground of the defendant's argument that the exercise of the plaintiff's claim for delivery constitutes an abuse of right. Thus, the defendant's claim cannot be accepted.

3. citing the Plaintiff’s claim for conclusion