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(영문) 서울남부지방법원 2021.02.04 2020가단250923
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 27, 2018, the Plaintiff and the Defendant agreed to lease the instant building to the Plaintiff and concluded a lease agreement with the following terms (hereinafter “instant lease agreement”).

The lease deposit: The lease period of KRW 3.6 million per month: The lease period of KRW 3.6 million per month: the special agreement from August 30, 2018 to August 29, 2020 (hereinafter “the special agreement of this case”)

6. When the defendant notifies re-building, the plaintiff does not raise any civil or criminal objection to the facility/right and damages, and does so within six months.

B. The Defendant filed an application for reconciliation with the Plaintiff prior to filing a lawsuit, and on March 25, 2019, the settlement was concluded, and the settlement protocol (Seoul Southern District Court No. 20159, Seoul Southern District Court No. 2018; hereinafter “the settlement protocol of this case”) was prepared as follows:

The plaintiff shall deliver the building of this case to the defendant until August 29, 2020, which is the date when the lease contract expires, unless the lease contract is renewed. At the same time, the defendant shall pay to the plaintiff the balance after deducting the overdue rent of KRW 30 million and interest thereon.

5. Where the instant lease contract is terminated due to the termination or termination of the contract period, the Plaintiff shall restore the instant building to its original state and deliver it to the Defendant.

At this time, the plaintiff cannot exercise the right to claim reimbursement under Article 626 of the Civil Act against the defendant.

(c)

On May 18, 2020, the Plaintiff sent to the Defendant a certificate of content that notifies the Defendant of the request for renewal of the instant lease agreement, and on May 20, 2020, the said certificate was delivered to the Defendant.

(d)

On July 8, 2020, the Defendant sent a written request to the Plaintiff for a name of the building stating that “The expiration date of the instant lease agreement arrives as of August 29, 2020, and the Plaintiff is obligated to deliver the instant building to the Defendant by August 29, 2020,” and the said written request reached the Plaintiff.

[Grounds for Recognition] There is no dispute.

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