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(영문) 수원지방법원여주지원 2020.02.19 2019가단55052
건물명도(인도)
Text

1. The defendant shall receive KRW 13,950,00 from the plaintiff, and at the same time, shall be the building listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On June 6, 2017, the Plaintiff concluded a lease agreement with the Defendant on deposit 25,00,000, monthly rent 800,000 (one year after the date of the contract) and the lease period from June 30, 2017 to twenty-four months (hereinafter “the lease agreement of this case”).

B. Around that time, the Defendant operated the restaurant by receiving delivery of the instant building from the Plaintiff, and paid KRW 25,000,000 to the Plaintiff.

C. On May 27, 2019, the Defendant notified the Plaintiff of the termination of the instant lease agreement as of June 30, 2019, which is the expiration date of the instant lease term.

Meanwhile, the Defendant did not pay the Plaintiff rent from May 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the facts of recognition under Paragraph (1) on the ground of the termination of the lease of this case, the Defendant’s notice of termination on May 27, 2019 is merely a notification of the termination of the lease of this case upon the expiration of the lease term, as there is no intent to renew the lease of this case under the content thereof.

In addition, the lease contract of this case had already expired before the complaint stating the plaintiff's declaration of intent to terminate the lease contract of this case on the grounds of the defendant's unpaid rent was served on the defendant.

Therefore, the instant lease agreement was terminated after the lapse of June 30, 2019.

B. Claim for Delivery and Claim for Unpaid Rent 1) The instant lease agreement had expired on June 30, 2019 and expired. The Defendant did not pay the total of KRW 11,050,000 (80,000 x 13 months) for the rent from May 2018 to June 2019. Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the unpaid rent. 2) The Defendant is obligated to do so.

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