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(영문) 부산지방법원동부지원 2019.01.22 2018가단4729

건물명도(인도)등

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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. (1) On June 24, 2015, the Plaintiff: (a) leased real estate listed in the attached Table C (hereinafter “instant real estate”) from July 1, 2015 to June 30, 2017 from July 1, 2015 to June 30, 2017; and (b) sublet the said real estate to the Defendant simultaneously with the said contract, in order to provide it to the said business.

(2) At the time of the above lease agreement, the Plaintiff, as the lessee, was the lessee, and the Defendant affixed a seal on the above lease agreement as the lessee. The key contents of the above lease agreement are as follows.

Article 2 (Period of Lease) The period of lease on the deposit basis shall be from July 1, 2015 to June 30, 2017.

Where a lessor does not want to renew a contract under Article 6 (Renewal of Contract), he/she shall notify the other party of the termination of the contract from six months to one month before the expiration of the lease period, and the lessee by one month before the expiration of the lease period.

Provided, That if both parties have not made any separate declaration, the contract shall be deemed to have been concluded again under the same conditions as previous ones.

Article 8 (Refund of Lease Deposit, Compensation for Damages, etc.) (1) Where the contract expires or the contract is terminated or terminated pursuant to Article 7, the lessor shall return the full amount of the lease deposit (including occupants' charges) to the lessee by depositing it in the bank account of the lessee, and the tenant shall deliver the lease deposit to the lessor at the same time as the lessee receives the lease deposit.

(3) The main contents of the sub-lease contract of this case are as follows.

Deposit for lease on a deposit basis: Article 2 (Standards for Lease) (1) Term of lease shall be from July 1, 2015 to June 30, 2017.

(2) Where both parties express their intent for one month before the term of lease expires, it shall be effective.