(영문) 부산지방법원동부지원 2019.11.12 2019가단202001

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Reasons

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자간(%)

(영문) 부산지방법원동부지원 2019.11.12 2019가단202001

건물명도(인도)

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1. The defendant shall receive KRW 20,000,000 from the plaintiff, and at the same time, shall be the building stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 1, 2013, the Plaintiff leased the instant building, etc. from D, and thereafter, the lease relationship between the Plaintiff and D continues to exist until now.

B. On March 11, 2013, the original Defendant entered into a sublease contract for the instant building (hereinafter “instant sublease contract”) with a deposit of KRW 20,000,000 as well as the lease term from March 11, 2013 to December 31, 2015, which was concluded since the sublease contract for the instant building was concluded. Since the sublease contract for the instant building was concluded, the sublease relationship continued to have been concluded. The deposit of KRW 20,00,000 as of May 25, 2017, and the lease term of KRW 20,000 as of May 1, 2017 to December 31, 2018.

C. On September 20, 2018, the Plaintiff sent to the Defendant a content-certified mail to the effect that the Plaintiff would refuse to renew the instant sub-lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap 3, 4, and 6 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Summary and judgment of the parties

A. The plaintiff asserts that the plaintiff sought delivery of the building of this case against the defendant on the ground that the sub-lease contract of this case has expired due to the expiration of the expiration date, and the defendant asserts that the above delivery obligation should be fulfilled simultaneously with the plaintiff's obligation to return the deposit.

B. According to the above facts of recognition, since the sub-lease contract of this case is terminated upon the expiration of the term of validity, the defendant is obligated to deliver the building of this case to the plaintiff, and on the other hand, the defendant's duty to deliver the above goods to the plaintiff and the plaintiff's duty to return the deposit amount of 20 million won to the plaintiff. Thus, the defendant is obligated to deliver the building of this case to the plaintiff simultaneously with

3. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit.

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