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(영문) 수원지방법원성남지원 2017.08.18 2017가단204031

건물명도(인도)

Text

1. The defendant is paid KRW 170,000,000 from the plaintiff and at the same time, the building listed in the attached list is added to the plaintiff.

Reasons

Basic Facts

On June 24, 2010, the Plaintiff leased a building listed in the attached list (hereinafter “instant building”) to the Defendant with a deposit of KRW 170,000,000, and the lease period from August 24, 2010 to August 23, 2012 (hereinafter “instant lease agreement”). The said lease agreement was extended by implied renewal until August 23, 2014.

The Defendant completed the lease registration of the building of this case as of October 30, 2014 by the Suwon District Court Branch of the Sung-nam Branch of the Sung-nam Branch of the Seoul District Court (No. 27833, Oct. 30, 2014) and transferred the resident registration to another place, but actually, is residing in

[Ground of recognition] In light of the above facts, the following facts were examined: (a) the absence of dispute; (b) Gap evidence Nos. 1, 2, 3, and 8; and (c) the purport of the entire pleadings; and (d) the grounds for the claim for the issuance of the instant building, the instant lease agreement terminated on August 23, 2014.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff simultaneously with receiving KRW 170,00,000 from the plaintiff, except in extenuating circumstances.

The defendant's implied renewal claim against the defendant's assertion that the lease deposit was not refunded on August 24, 2014 because the plaintiff was unable to refund the lease deposit, and even thereafter, the lease deposit was not refunded until August 23, 2016, and the lease deposit was not refunded until then. Thus, on August 24, 2016, it is alleged that the lease contract of this case was implicitly renewed for two years again, and thus, on August 24, 2016, the lease contract of this case was implicitly renewed for two years. Thus, the tenant fails to notify the lessee of the refusal of the renewal or to notify the lessee that the lessor would not renew the lease without changing the terms of the lease within six months from the expiration of the lease period pursuant to Article 6 of the Housing Lease Protection Act, or one month before the expiration of the lease period.