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(영문) 서울서부지방법원 2019.09.20 2019가단214944

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 19, 2017, the Defendant: (a) entered into a lease agreement with E and the deposit amount to KRW 500 million; (b) the lease period from February 21, 2017 to February 20, 2019; and (c) began to occupy the instant building by paying the deposit money.

B. On May 26, 2017, the Plaintiff entered into a sales contract with E on the instant building, and acquired ownership of the instant building by completing the registration of ownership transfer in its business, and was succeeded to the lessor’s status.

C. On December 2018, the Plaintiff asked the Defendant of his intention to extend the term of lease, and the Defendant expressed his intention not to extend the term of lease.

Even if the lease term expires later, if the new lessee is not well-known, the Plaintiff determined the director of the building in this case to live together with the director of the building in this case, and requested the Defendant to report the withdrawal for the loan, but the Defendant rejected it on the ground that there is no clear security for the return of the lease deposit.

On February 15, 2019, the Plaintiff returned the down payment of KRW 50 million to the Defendant preferentially in order to facilitate a smooth resolution.

E. The defendant thereafter

4. Until November, the instant building was promised to be handed over, but no delivery was made to ensure the return of deposit money for the lease on a deposit basis.

4. 11. Application for the order of lease registration on the instant building;

4. The cited Order was received on 16.

F. On April 19, 2019, the Plaintiff deposited 450,000,000 won in the remainder of the lease deposit, subject to the delivery of the building of this case, with the Defendant as a depositee.

G. After confirming whether the right to lease was registered, the Defendant delivered the instant building to the Plaintiff on May 10, 2019.

Until that time, the Plaintiff failed to receive a written consent to recover deposit and the Plaintiff’s certificate of personal seal impression.

On May 20, 2019, the agent of the Plaintiff and the Defendant receive full deposit money.