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(영문) 서울남부지방법원 2015.02.09 2014가단53527
건물인도
Text

1. The defendant is paid KRW 100,000,000 from the plaintiff and at the same time, the building listed in the attached list is added to the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1 and 2 (including paper numbers) and all the arguments.

On August 6, 2009, the Plaintiff leased the building indicated in the attached list, owned by the Plaintiff to the Defendant, with the rental deposit of KRW 100,00,000, monthly rent of KRW 380,000, and the lease period of KRW 380,000 from September 29, 2009 to September 28, 201. On August 18, 2011, the Plaintiff renewed the lease deposit of KRW 100,000, monthly rent of KRW 4,300,000, and the lease period of KRW 4,300,000, and from September 29, 2011 to September 28, 2014.

(hereinafter referred to as the “instant lease”) B.

On July 10, 2014, the Plaintiff notified the Defendant of the increase of the rent in KRW 5,00,000 per month if he/she wishes to renew the lease, and the Defendant did not respond thereto. On July 23, 2014, the Plaintiff notified the Defendant that he/she would not renew the lease of this case if the renewal is not performed by July 28, 2014, and the renewal is not performed by July 28, 2014, and on July 29, 2014, the Plaintiff notified the Defendant of the refusal to renew the lease of this case.

2. Comprehensively taking account of the assertion and the above-mentioned facts, the lease of this case was terminated on September 28, 2014, and thus, the Defendant is obliged to deliver the building, which is the object of lease, to the Plaintiff.

In regard to this, the defendant argued that the plaintiff and the plaintiff raised KRW 700,000 per month, and that the lease of this case was renewed. However, there is no evidence to acknowledge this, and the defendant's above assertion is without merit.

On the other hand, the defendant's defense of simultaneous performance, so the lessee's obligation to return the leased object and the lessor's obligation to return the lease deposit at the time of the termination of the lease is in the simultaneous performance relationship. Therefore, the defendant is paid KRW 100,000,000 from the plaintiff, at the same time, to the plaintiff.

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