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(영문) 서울고등법원 2018.09.07 2017나2043525
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 1, 2005, the Plaintiff leased the land indicated in the purport of the claim (hereinafter “instant land”) and its ground buildings to the Defendant from December 1, 2005 to November 30, 2007, a deposit of KRW 6 million to KRW 500,000,000,000 for monthly rent, and around that time, delivered the instant land and its ground buildings to the Defendant.

(hereinafter “instant lease agreement”). B.

The first lease contract of this case was implicitly renewed after the expiration of the period, and the plaintiff demanded that the defendant increase the monthly rent of KRW 600,000 to the defendant around October 29, 2008, and the defendant refused the plaintiff's request and did not pay the monthly rent.

Accordingly, on August 13, 2010, the Plaintiff filed a lawsuit against the Defendant claiming the delivery of the instant land and the building on the ground of the payment of rent under the Suwon District Court 2010Kadan33445 for the reason of the payment of rent.

(hereinafter referred to as “the first floor”) 1. The Plaintiff is determined to be a clerical error in the instant protocol on the first floor of the first floor, 4.9 square meters, and the second floor of the instant protocol on the conciliation of the second floor of the instant land.

42.18 square meters (hereinafter “the instant building”) and the instant land, which are used by the Defendant as the trade name “D”, confirm that there exists a right of lease to the Defendant, and continue to lease the said building under the following agreement.

Period: From May 1, 2011 to April 30, 2014

(b) Deposit: 6 million won (unpaid amount);

(c) Rent: 500,000 won per month and prepaid payment on the first day of each month;

D. Other detailed matters are subject to a lease agreement dated December 1, 2005 (the first lease agreement of this case) to the extent not conflicting with the instant adjustment clause.

2.(a)

The Intervenor E shall pay 13.6 million won to the Plaintiff by June 30, 2011.

B. It confirms that the rent between the Plaintiff and the Defendant until April 30, 2011 has been settled in full.

(c) above;

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