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(영문) 서울동부지방법원 2016.03.17 2014가단134843
건물명도
Text

1. From 50,000,000 to 50,000 won, the Defendant shall indicate the attached drawing among the real estate listed in the attached sheet from November 24, 2014.

Reasons

1. Basic facts

A. On November 23, 2002, the Plaintiff delivered to the Defendant the instant portion of the instant real estate, which was indicated in the attached drawing and indicated in the attached drawing, (3), (4), (5), (6), and (3) the lease deposit amount of KRW 24 months, lease deposit amount of KRW 50,00,000, monthly rent of KRW 230,000 (hereinafter “instant lease agreement”), and delivered the instant portion of the instant factory and the instant portion of the municipal provision to the Defendant. Around that time, the Defendant paid the said lease deposit to the Plaintiff both, and occupied and used the instant portion of the instant factory and the instant portion.

B. The Plaintiff and the Defendant agreed to exclude the subordinate parts of the instant lease agreement from the object of the instant lease agreement, and the Defendant’s possession and use of the subordinate parts was terminated.

C. The Plaintiff and the Defendant changed the lease deposit and the rent of the instant lease several times, and around November 23, 2014, the lease deposit of the instant lease is KRW 50,000,000 and monthly rent is KRW 1,00,000.

On June 12, 2014, the Plaintiff sent to the Defendant a content-certified mail that the instant lease agreement will not be renewed any longer, and the content-certified mail reached the Defendant around that time.

E. The Defendant paid to the Plaintiff all the rent by November 23, 2014.

F. Since November 24, 2014, the Defendant occupied and used the instant portion of the factory as of the date of closing argument.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the instant lease contract was renewed on a 24-month basis, barring special circumstances, and terminated on November 23, 2014 by the Plaintiff’s declaration of refusal to renew the lease contract. Thus, the Defendant is obligated to deliver to the Plaintiff the portion of the instant factory as the return of leased object.

B. The defendant's judgment on the defendant's assertion on the change of the lease term shall be made on August 29, 2009.

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