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(영문) 서울중앙지방법원 2020.10.14 2020가단5146764

건물인도

Text

1. The defendant is paid KRW 150,000,000 from the plaintiff and at the same time, among the real estate listed in the attached Table to the plaintiff.

Reasons

1. In the absence of dispute between the parties to the facts of recognition or comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence of Nos. 1 to 3 (including each number), the facts of the cause of the claim can be acknowledged

2. The assertion and judgment

A. According to the facts of the above recognition as to the cause of the claim, the defendant is obligated to deliver the lease deposit of KRW 150,000,000 to the plaintiff at the same time with the payment of KRW 150,000,00 from the plaintiff, and the 115.72 square meters and 94.38 square meters among the real estate listed in the attached

B. As to the Defendant’s assertion, the Defendant asserts to the effect that the special agreement among the instant lease agreement is null and void as unfavorable to the lessee.

However, in full view of the aforementioned evidence, the Plaintiff, in preparing the instant lease agreement with the Defendant, agreed to move the real estate in the region where the regional housing association project is in progress within three months after the notification of relocation without any condition, and the real estate in this case is scheduled to move within three months after such notification. In light of the above facts of recognition, the Defendant’s assertion cannot be deemed as null and void as a provision unfavorable to the lessee, on the ground that the aforementioned special agreement of the Defendant’s assertion cannot be deemed null and void as a provision unfavorable to the lessee.

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