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(영문) 서울동부지방법원 2020.01.14 2019가단11372
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the separate sheet, each point of the separate sheet Nos. 1, 2, 3, 4, and 1 shall be in sequence.

Reasons

1. If the purport of the entire argument is added to the statement in Gap evidence Nos. 1 through 3 (including additional numbers) as to the cause of the claim, on April 1, 2016, the plaintiff was determined and leased on April 1, 2016 as KRW 33 square meters (hereinafter referred to as "the real estate of this case") of the portion inside the ship (a) connected each of the items in the attached drawing Nos. 1, 2, 3, 4, and 1 among the buildings listed in the attached list to the defendant on April 1, 2016, from April 25, 2016 to April 24, 2017, the lease deposit amount of KRW 10,000,000 (including KRW 80,000,000) for the following month and KRW 80,000 (hereinafter referred to as "the lease of this case"), and the defendant did not pay the real estate of this case to the defendant for the reason that the lease of this case was terminated from 20, 10.4,2, 10.

According to the above facts, since the lease of this case was lawfully terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff, pay 7,440,000 won in arrears, and pay 880,000 won in arrears from April 25, 2019 to the delivery of the real estate of this case.

2. As to the defendant's assertion, the defendant cannot deliver the real estate of this case to the plaintiff until he receives compensation for the amount of KRW 17 million for the repair and facility investment cost, KRW 3 million for floor premium, KRW 30 million for premium, etc. However, since the plaintiff has no ground to compensate the defendant for the above money, the above argument by the defendant is without merit without further review.

According to the Commercial Building Lease Protection Act, the defendant cannot demand renewal of the lease contract, and the premium.

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