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(영문) 서울중앙지방법원 2020.05.20 2019가단5130183
건물명도(인도)
Text

1. The defendant shall receive KRW 30 million from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On December 31, 2015, the Defendant entered into a commercial monthly lease agreement (hereinafter “instant lease agreement”) with C to lease the first floor of the instant building (hereinafter “instant commercial building”) by setting the lease deposit of KRW 30 million, monthly rent of KRW 1,300,000,000 from January 1, 2016 to June 30, 2017 (hereinafter “instant lease agreement”).

B. On April 5, 2017, the Plaintiff purchased the instant building from C, and completed the registration of ownership transfer on June 30, 2017.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 2 through 4, purport of the whole pleadings]

2. The assertion and judgment

A. On June 30, 2017, the Plaintiff asserted the termination of the lease agreement of this case on or around May 22, 2017 that C notified the Defendant of his/her intention to refuse the renewal of the lease of this case, and that the lease of this case terminated on or around June 30, 2017. However, there is no evidence to acknowledge the above assertion, and rather, according to the evidence No. 1, it is recognized that the Defendant requested C to renew the lease of this case on or around May 16, 2017, and thus, it appears that the instant lease was renewed on the same condition as before and after June 30, 2017. Accordingly, the Plaintiff asserted that the lease of this case terminated on or around June 30, 2018, even if the lease of this case terminated on or around June 30, 2017, the Plaintiff asserted that the lease of this case was terminated on or around June 30, 2018.

However, as seen earlier, the instant lease agreement was renewed on or around June 30, 2017 under the same conditions as before the Defendant’s request for renewal. As such, the instant lease agreement was renewed on or around December 31, 2018.

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