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(영문) 부산지방법원동부지원 2017.06.07 2017가단904

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the ground for claim No. 1, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on October 23, 2014, setting the lease deposit amount of KRW 5 million, KRW 500,000 per month, and the lease term from October 20, 2014 to October 20, 2015 (12 months), and the Defendant continued to operate the clothing manufacturing factory in the instant building under the name of the Defendant, after having registered the business with the Plaintiff’s trade name “C” around that time after having transferred the instant building from the Plaintiff and had the Defendant registered the business to operate the clothing manufacturing factory in the instant building. According to the above recognition, the lease agreement of this case expired on October 20, 2015, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff.

2. Judgment on the defendant's defense

A. The summary of the Defendant’s defense was the condition that the Defendant would demand the Plaintiff to renew the contract between six months and one month prior to the expiration of the term of the instant lease agreement, and that the Plaintiff would have increased the monthly rent of KRW 700,000,000, and the said lease was extended by one year upon acceptance by the Defendant, and that the Defendant would demand the Plaintiff to renew the contract between six months and one month prior to the expiration of the term of one year, and that the Plaintiff would have increased the monthly rent of KRW 80,000,000,000, and thereafter, the Defendant accepted it on the condition that the Plaintiff would demand the Plaintiff to renew the contract between six months and one month prior to the expiration of the term of one year. The Plaintiff demanded the Plaintiff to change the Plaintiff’s own attitude

Therefore, the instant lease contract was extended one year from October 21, 2015 by agreement between the Plaintiff and the Defendant, and was renewed once from October 21, 2016 at the Defendant’s request for renewal of the contract. Ultimately, the lease term of the instant lease is up to October 20, 2017.