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(영문) 서울서부지방법원 2015.05.20 2014가단37500
원상회복 및 건물명도
Text

1. The Defendant (Counterclaim Plaintiff) is an amount of KRW 13 million from the Plaintiff (Appointed Party, Counterclaim Defendant), the Appointed Party C (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. From August 1, 2008, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) determined the attached Form No. 1, 2, 3, 44, and 23.7 square meters (hereinafter “instant building”) that connect each point of the attached Form No. 1, 2, 3, 4, and 1 among the 47.4 square meters of the building listed in the attached Table No. 47.4, a commercial building, as a commercial building, from D, as KRW 13,000,000 and used for the leased office.

On April 16, 2013, the Plaintiff and Selected C concluded a lease agreement with the Defendant to lease the instant building to the Defendant by July 13, 2013, setting the deposit amount of KRW 13 million (Succession to the lease deposit of D, a lessor), and July 31, 2014.

On June 11, 2014, the Plaintiff and Appointed C notified the Defendant of the instant building’s request for the evacuation of the instant building by July 31, 2014, which is the expiration date of the lease term of the instant lease. Accordingly, on June 23, 2014, the Defendant sent to the Plaintiff, etc. a reply demanding the renewal of the contract under the Commercial Building Lease Protection Act to the Plaintiff, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 (No. 1-2), Gap evidence 2, 3, Eul evidence 1-1, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant lease agreement was terminated on July 31, 2014, and thus, the Defendant should deliver the instant building to the Plaintiff and the designated parties C.

B. The Defendant’s assertion that the instant lease contract was lawfully renewed by exercising the right to request the Plaintiff to renew the contract pursuant to Article 10(1) of the Commercial Building Lease Protection Act, and thus, there is no obligation to deliver the instant building to the Plaintiff.

In addition, the defendant is obligated to deliver the building of this case at the same time with the payment of KRW 24,50,000,000,000 from the plaintiff for the lease deposit of KRW 13 million and the following money.

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