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(영문) 서울남부지방법원 2017.06.09 2016가단35103
건물인도
Text

1. The Defendant (Counterclaim Defendant) indicated the attached Form No. 1 on the first floor of the real estate indicated in the attached list to the Plaintiff (Counterclaim Defendant).

Reasons

1. On January 28, 200, the Plaintiffs: (a) completed the registration of ownership transfer with respect to real estate listed in the separate sheet (hereinafter “instant building”) on November 3, 200 on the ground of property inheritance by consultation and division on January 28, 200; (b) on March 19, 201, Plaintiff B (hereinafter “instant store”); (c) on the ground that on March 19, 201, the part indicated in paragraph (1) of the order of the instant building (hereinafter “instant store”) was leased with a deposit of KRW 10,00,000, monthly rent of KRW 400,000, and the period from March 19, 201, the Plaintiffs failed to remove the instant building and to build a new building; (d) the Plaintiffs failed to request the Defendant to deliver the instant building on July 18, 2016; and (e) the Defendant, on the ground that there was no dispute between the Plaintiff and the Defendant’s complaint to request delivery of the instant building on July 16, 20, the instant lease agreement.

According to the above facts, it is reasonable to deem that the Plaintiff B’s expression of termination includes the intent to refuse the renewal of the lease. As such, the above lease contract was explicitly renewed and terminated on October 28, 2016 between six months and one month before the expiration of the lease term ( March 18, 2017) and six months before the expiration of the lease term.

Therefore, the defendant is obligated to deliver the store of this case to the owner or lessor.

2. Judgment on the counterclaim

A. The defendant's argument that the plaintiff B is the above lease contract.

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