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(영문) 서울남부지방법원 2017.05.26 2016가단42309

건물인도 등

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On January 27, 2012, the Defendant entered into a contract with the Plaintiff to lease the real estate listed in the separate sheet (hereinafter “instant building”) at KRW 30 million, the lease deposit amount, from January 27, 2012 to January 26, 2013, and from January 27, 2013, the lease deposit amount was paid to the Plaintiff and operated the user at the same time after receiving delivery of the instant building.

B. The instant lease agreement was continuously renewed and its expiration date was changed on January 26, 2017.

C. However, around October 5, 2016, the Seoul Regional Police Agency notified the Plaintiff that “the instant building was provided as a place for sexual traffic, and if it continues to lease the instant building, it may be punished in accordance with relevant Acts.”

Around that time, the Plaintiff received such notification, notified the Defendant of the delivery of the instant building by October 31, 2016, and filed the instant lawsuit seeking delivery of the instant real estate.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of determination, since the Plaintiff received notice that the instant building was provided as a place for commercial sex acts and sought to deliver the instant building to the Defendant around that time, it shall be deemed that the Plaintiff, a lessor, was notified of the rejection of renewal between six months and one month before the expiration of the lease term, and therefore, the instant lease contract was terminated on January 27, 2017, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.