logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.11 2016가단5056536
건물명도
Text

1. Among the principal suit of this case, the indication of each real estate in attached Forms 1 (A) and 2 shall be stated on the day following the date of closing the argument of this case.

Reasons

1. On June 24, 2010, the Defendant entered into an agreement with Jongno-gu Seoul Metropolitan Government D and 2 lots of land (hereinafter “instant building”) that: (a) the fourth floor and the rooftop (attached Tables 1 and 2); and (b) the real estate indicated in the indication of each real estate (hereinafter “instant real estate”); (c) the period from July 8, 2010 to July 24, 201; (d) the deposit amount of KRW 35 million; and (e) the monthly rent of KRW 440,000,000 for the lease of the leased facilities, etc.

On March 29, 2013, the Plaintiff completed the registration of ownership transfer on the instant building based on sale.

On April 1, 2013, the Defendant entered into an agreement between the Plaintiff on April 1, 2013 to March 31, 2014, such as the cancellation of the lease contract, restoration to the original state, etc. in the event of the termination of the lease, by setting the lease as the deposit amount of KRW 35 million, monthly rent of KRW 500,000 (payment date: Additional tax on the first day of each month) and the lease.

(hereinafter, “instant lease agreement.” Around April 1, 2014, the Defendant and the Plaintiff entered into an agreement to increase the monthly rent of the instant lease agreement to KRW 600,000,000, orally.

On January 6, 2016, the Plaintiff sent to the Defendant a certificate of content that seeks the name of the instant real estate, and the mail of content certification reached the Defendant around that time.

The duplicate of the instant complaint was served on the Defendant on April 1, 2016, and the Defendant paid to the Plaintiff the amount equivalent to the fee agreed with the Plaintiff by the closing date of the instant complaint.

[Based on recognition, Gap evidence 1-3, Gap evidence 4-5, the purport of the whole pleadings]

2. Determination as to the claim on the principal lawsuit

A. On January 6, 2016, the Plaintiff sent to the Defendant a certificate of content-certified mail that contains an expression of refusal to renew the instant lease agreement. The instant lease agreement expired on March 31, 2016.

arrow