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(영문) 대전지방법원 2015.05.12 2014가단32189

건물인도 등

Text

1. The Defendant’s KRW 5,370,833 as well as the Plaintiff’s annual rate from April 22, 2015 to May 12, 2015.

Reasons

1. Facts of recognition;

A. On February 23, 201, the Plaintiff leased part of the stores (unusedment rooms) on the first floor (unused rooms) of the Seoul Special Metropolitan City F Ground Building, which is owned by the Plaintiff, to the Defendant as deposit money of KRW 3,000,000, KRW 250,000 per month (prepaid on May 23), and the period of KRW 24 months. On May 13, 2011, the Plaintiff leased part of multi-family houses (No. 201) on the second floor (No. 201) of the same building to the Defendant for a fixed period of KRW 3,00,000, KRW 250,00 per month, and KRW 24 months per month (prepaid on May 13, 201) and each of the above leases continued to be an implied renewal even after the expiration of the period.

B. Since June 201, the Defendant began to delay the rent of the said store and the said house. On March 1, 2014, the Plaintiff agreed on the lease of the said store and delivered the said house to the Plaintiff, and thereafter, the said house is occupied and used.

On March 19, 2015, delivery was made to the Plaintiff.

C. As the rent of each of the above leases from February 201 to July 201 of the same year, the Defendant paid KRW 250,000,000 each of the above leases to the Plaintiff on October 201 and January 3, 2012, April 2013, and April 2013, respectively, KRW 9,250,000, including KRW 500,000, respectively, from September 201 to December 2013 and March 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number; hereinafter the same shall apply), Eul evidence No. 3, the purport of the whole pleadings

2. Determination as to the claim

A. According to the facts of the determination as to the cause of the claim, the lease agreement on the above store between the Plaintiff and the Defendant was terminated on March 1, 2014, and the lease agreement on the above house was concluded on September 18, 2014, on the record that it was evident that the contract was terminated on September 18, 2014 (or March 19, 2015 when the Defendant delivered the above house to the Plaintiff) by each agreement, termination, or statutory termination, etc.

Therefore, the defendant shall make the above stores unless there are special circumstances to the plaintiff.