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(영문) 서울서부지방법원 2018.04.26 2018가합30450
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 2,079,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff, a stock company established for the purpose of real estate development, lease, etc., carried out a project to construct, lease, and sell D apartment buildings consisting of 32 Dongs and 600 households in old sites located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant apartment buildings”).

B. On April 27, 2009, the Plaintiff leased to the Defendant the real estate listed in the separate sheet (hereinafter “instant real estate”) among the instant apartment units by setting the lease deposit of KRW 1.776 billion, KRW 3,024,000 per month, KRW 3,024,00 per month, and KRW 5 years from the starting date of the designation period for occupancy in the lease period.

(hereinafter “instant lease agreement”). C.

On February 23, 2011, the Plaintiff and the Defendant concluded a modified contract with the purport that the rental deposit will be increased to KRW 2 billion and the rent will not be paid separately by converting the rent into the rental deposit.

At that time, the Defendant occupied the instant real estate from the Plaintiff and used it until now.

The starting date of the designation period for occupancy of the apartment of this case is January 31, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the principal claim, the instant lease agreement was terminated on January 31, 201, which was five years from January 31, 201, the starting date of the occupancy designation period, and the expiration date of January 31, 2016.

Therefore, barring special circumstances, the Defendant, a lessee, is obligated to deliver the instant real estate to the Plaintiff, a lessor.

3. Determination as to the defendant's defense and counterclaim

A. The summary of the Defendant’s assertion 1) The Plaintiff alleged implied renewal did not indicate to the Defendant the intention to terminate or refuse the instant lease agreement from six months to one month before the expiration of the lease term. As such, the instant lease agreement was implicitly renewed for five years, which is the existing lease term pursuant to Article 6 of the Housing Lease Protection Act.

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