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(영문) 서울중앙지방법원 2019.04.10 2018가단5014901

건물명도(인도)

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 1 among the first floor of the building indicated in the attached list to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On April 17, 2012, the Plaintiff and the Dispute Resolution Co., Ltd. entered into a lease agreement with the term of 4,500,000,000 won (including value-added tax) and the term of 4,50,650,000 won in the ship exchange facilities (hereinafter “instant exchange facilities”) which are successively connected with each of the items in the attached list among the 1st floor of the building listed in the attached list, and entered into a lease agreement with the term of 4,50,000,000 won from April 17, 2012 to April 16, 2014. The lease agreement was again concluded with the term of 4,50,000 won from February 20, 2013, 1,870,000 won from the date of rent, period of 1,870,000 won from January 1, 2013 to April 15, 2013.

B. When D, the representative director of the LAC, is bound by September 23, 2014, and no longer is available to engage in the exchange business, the Defendant, a director of the LAC, requested the Plaintiff to enter into a new lease agreement with the Defendant as the lessee.

Accordingly, on December 31, 2014, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with a view to automatically extending the deposit amount of the instant money exchange KRW 4,500,000, monthly rent KRW 1,870,000 (including value-added tax), and the period from January 1, 2015 to December 31, 2017, on which the Defendant concluded a lease agreement with a view to automatically extending two years each time when there is no intent to terminate the mutual contract.

C. On November 30, 2017, the Plaintiff notified the Defendant that the instant lease agreement would terminate on December 31, 2017, and thus, sent the instant money exchange center to the Defendant.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 4 (including branch numbers in case of additional number), witness E's testimony, purport of the whole pleadings

2. Judgment on the principal lawsuit

A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the Plaintiff notified the Plaintiff of the intention of refusal to renew the contract by notifying the expiration of the term of the instant lease agreement on November 30, 2017. Therefore, the instant lease agreement was terminated on December 31, 2017.

Therefore, the Defendant is obligated to deliver the instant money exchange suit to the Plaintiff.

(b).