beta
(영문) 서울동부지방법원 2015.07.21 2015가단5720

건물명도 등

Text

1. The defendant shall be the plaintiff.

A. From July 1, 2015 to KRW 10 million from the Plaintiff, the delivery of the buildings listed in the separate sheet from July 1, 2015.

Reasons

1. Facts of recognition;

A. From 200 to 200, the Plaintiff entered into a lease agreement with the Defendant on January 20, 208, stating that the lease deposit is KRW 10 million with respect to the instant building, the lease term is from February 1, 2008 to January 31, 2010, and the monthly rent is KRW 650,000,000, and the lessee shall restore the facilities and outdoor signboards installed by the lessee to its original state before his/her name, and shall exclude the lessee from the deposit if the management expenses and taxes are overdue during his/her lease term, and the lessee shall not claim the facility expenses and the premium against the lessor.

B. Meanwhile, on April 29, 2000, the Defendant completed the registration of establishment of chonsegwon as the Seoul Eastern District Court No. 26192 on April 29, 200 with the deposit money of KRW 20 million for the instant building as to the instant building. On January 9, 2006, the Defendant completed the additional registration of change of chonsegwon with the deposit money of KRW 10 million for the registration of establishment of chonsegwon.

C. The instant lease agreement has been implicitly renewed, and the Plaintiff notified the Defendant of its refusal to request renewal, as the instant lease agreement on November 3, 2014 and December 17, 2014 expired on January 31, 2015.

[Grounds for Recognition: Evidence Nos. 1 through 4, each entry of Evidence Nos. 6 through 8, and the purport of the whole pleadings]

2. Request for delivery of the building of this case and request for cancellation registration of chonsegwon;

A. According to the above facts, the instant lease contract expired on January 31, 2015, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstance, and to implement the procedure for registration of cancellation of the registration of the establishment of chonsegwon on the instant building.

B. The defendant's defense (1) is first to be returned prior to the refund of the lease deposit.