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(영문) 서울남부지방법원 2021.01.13 2020가단223341

건물인도

Text

1. The defendant shall receive KRW 400 million from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 21, 2014, the Defendant leased real estate (hereinafter referred to as “instant building”) indicated in the attached list from C Co., Ltd. (hereinafter “C”) to February 29, 2020 from March 1, 2014 to February 29, 2020, the lease deposit amount of KRW 300 million, monthly rent of KRW 27,50,000 (a value added tax), and thereafter, the Defendant leased the instant real estate as “D” in the name of “D.”

On March 31, 2017, the defendant and C changed the lease deposit to KRW 400 million and monthly rent to KRW 29 million (Additional Value Map).

Article 1 (Term of Lease)

1. The lease term is from March 1, 2014 to February 29, 202 (72 months) (the lease term is from March 1, 2014 to (72 months) (the Plaintiff (the Plaintiff) succeeded to the lessor status of this Section, and the remaining lease term the Party A succeeded after approval was granted by the Plaintiff (the Defendant) is from July 19, 2019 to February 29, 2020).

3. Eul shall recognize that the site for leased object is included in the site for a housing construction project of a regional housing association, and promise to deliver the leased object without any objection at the expiration of the lease term.

B. On July 18, 2019, the Plaintiff completed the registration of transfer of ownership of the instant real estate from C.

The Plaintiff and the Defendant drafted a lease agreement (No. 4) in August 2019, and the terms related to the lease period among them are as follows:

(c)

On December 23, 2019, the Plaintiff refused to renew the lease contract to the Defendant, and notified the Defendant that the instant building should be transferred at the expiration of the lease term ( February 29, 2020).

【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1-6, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff succeeded to the lessor status of the lease agreement concluded on February 21, 2014 between the Defendant and C, and the lease period was terminated.

In addition, the plaintiff's defendant is the defendant.