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(영문) 서울동부지방법원 2018.04.06 2017가단116525
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff one-story neighborhood living facilities (retail stores) 58.15 square meters among the buildings listed in the attached list.

2...

Reasons

1. Facts of recognition;

A. On September 8, 2009, the Plaintiff entered into a contract with the Defendant to lease a deposit of KRW 10,000,000, monthly rent of KRW 1,550,000, and the term of lease from September 24, 2009 to September 23, 2014 (hereinafter “instant lease contract”) of the first floor neighborhood living facilities (retail stores) 58.15 square meters (hereinafter “instant building”) among the buildings listed in the attached list, and the Defendant used and used the instant building upon delivery under the said lease contract.

B. The Plaintiff and the Defendant renewed the contract by setting the lease term from September 24, 2014 to September 23, 2016, and by setting the monthly rent as KRW 1,705,000 (including surtax).

C. The plaintiff above

B. On August 21, 2016, before the expiration of the term of the written lease agreement, the Defendant sought a monthly rent of 1,980,000 won per month, ② monthly 2,090,000 won per month, ③ monthly 2,200,000 won per month, but did not reach an agreement with the Defendant.

After that, on October 3, 2016, the Plaintiff maintained the deposit as it is, while paying KRW 2,090,00 (including additional taxes) monthly rent, and issued the Plaintiff’s seal to the Defendant on the lease agreement entered from September 24, 2016 to September 23, 2018.

As to this, the defendant did not sign or affix a seal on the lease contract received from the plaintiff.

B. Even after the expiration of the period of the indicated lease agreement, only the existing monthly rent of KRW 1,705,00, the Plaintiff continued to use and benefit from the instant building.

The plaintiff

C. We did not accept the terms and conditions of the written renewal, demanding the Defendant to deliver the instant building, and the Defendant did not comply therewith, and the instant lawsuit was filed on April 11, 2017 seeking the delivery of the instant building.

E. The Defendant is the difference of KRW 1,705,00 per month to the Plaintiff until April 28, 2017.

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