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(영문) 대구지방법원포항지원 2017.07.20 2017가단101360

건물명도(인도)

Text

1. From February 1, 2017 to the completion date of delivery of the real estate indicated in the separate sheet, the Defendant from the Plaintiff KRW 10 million.

Reasons

1. If the purport of the entire pleadings is added to each of the statements in Gap evidence No. 1 and 4 (including each number), the plaintiff, on December 29, 201, determined on January 31, 2012 to January 31, 2017, lease deposit amount of KRW 10 million, and annual rent of KRW 6 million (hereinafter referred to as "the lease contract of this case") to the defendant (hereinafter referred to as "the lease of this case").

According to the above facts, since the lease contract of this case was terminated at the expiration of the term, the defendant is obligated to deliver the above real estate to the plaintiff simultaneously with receiving the remaining money obtained from the plaintiff after deducting the money equivalent to the rent calculated at the rate of KRW 500,000 per month from February 1, 2017, which is the day following the expiration date of the lease contract of this case, from the expiration date of the lease contract of this case to the delivery date of the real estate of this case.

2. The Defendant asserts that, since the Defendant agreed to renew the instant lease agreement with the Plaintiff around January 2017, the Plaintiff cannot respond to the Plaintiff’s claim.

However, there is insufficient evidence to acknowledge that there was a renewal agreement on the instant lease between the Plaintiff and the Defendant solely with the statement of No. 1, and there is no other evidence to acknowledge it.

The defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.