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(영문) 서울중앙지방법원 2019.09.27 2019가단5121059
건물명도(인도)
Text

1. Defendant B delivers to the Plaintiff the building indicated in the attached list, and Defendant C and D are located in the building listed in the attached list.

Reasons

1. Facts of recognition;

A. On November 19, 2014, the Plaintiff entered into a lease agreement with Defendant B on a deposit of KRW 100 million, monthly rent of KRW 1.5 million, and the lease agreement between December 31, 2014 to December 31, 2016, and delivered the instant building.

Defendant C and D are parents of Defendant B, and they reside together with Defendant B in the instant building.

B. Around December 31, 2016, the foregoing lease agreement was explicitly renewed, and the Plaintiff and Defendant B agreed to renew the lease agreement with a maturity increase around August 2018, and the Plaintiff suggested that the lease period should be extended by up to three months from the termination date of the contract as it is difficult for the Plaintiff to renew the lease agreement around November 17, 2018.

The Plaintiff and Defendant B agreed to extend the lease term to April 28, 2019 on November 26, 2018, on the following grounds: (a) Defendant B also agreed to extend the lease term to the end of April 28, 2019:

Defendant B, “B, from November 28, 2018 to December 31, 2012, the term of lease under the lease agreement with the lessor A, but the term of lease under the lease agreement seems to have been until November 28, 2019.” The Defendant B signed a letter of commitment that “B extended the lease agreement for five months until April 28, 2019.”

C. The Plaintiff and Defendant B consulted on the re-contract, such as the increase of deposit, but the Plaintiff finally expressed his/her intent not to renew the contract on March 5, 2019.

[Grounds for Recognition: Facts without dispute, Gap 1 through 5, Eul 1 through 6, the purport of the whole pleadings]

2. Comprehensively taking account of the foregoing facts acknowledged, a lease agreement on the instant building was explicitly renewed on or around December 31, 2016, and the said lease term was expected to expire on December 31, 2018, but the lease term was extended by November 26, 2018 by the agreement between the parties around April 28, 2019, and thereafter, the extended lease term was extended by up to April 28, 2019.

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