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(영문) 인천지방법원 2016.11.11 2015가단219794
건물명도
Text

1. The defendant is paid KRW 6 million from the plaintiffs, and at the same time, it is stated in the attached list 1 through 4 to the plaintiff A.

Reasons

Basic Facts

On September 9, 2009, the Defendant concluded a lease contract on September 9, 200, set the lease deposit amount of KRW 30 million, KRW 800,000 per month of rent, and two years for lease from the Plaintiff, the owner of the real estate listed in [Attachment List Nos. 1 through 4] and from the Plaintiff, the owner of the real estate listed in [Attachment List No. 5] (hereinafter collectively referred to as “instant real estate”).

(A) The Defendant paid KRW 10 million out of the lease deposit immediately after entering into a contract, and the remainder of KRW 20 million was paid by March 10, 2010 on condition that the lessor’s registration of provisional disposition was cancelled.

The Plaintiff, including the conclusion of the instant lease agreement, purchased the real estate listed in attached Forms 1 through 4, October 7, 201, in the Incheon District Court E voluntary auction procedure.

On May 23, 2012, the Defendant entered into a lease agreement with the Plaintiffs (hereinafter “instant lease agreement”) stating that the lease deposit is KRW 20 million, monthly rent is KRW 1 million, and the contract term is two years (hereinafter “instant lease agreement”). On May 23, 2012, the Defendant newly paid KRW 20 million on June 1, 2012.

On April 22, 2014, the Plaintiffs notified the Defendant that the lease deposit and the rent will not be renewed if they were not accepted, which reached the Defendant around that time.

The defendant occupies and uses the real estate of this case until now.

【In light of the above-mentioned facts, the defendant shall deliver the real estate of this case to the plaintiffs, unless there are special circumstances, in view of the fact that there is no dispute, and according to the above-mentioned facts as to the grounds of claim for judgment as to the purport of Gap's evidence Nos. 1 through 8 and the whole pleadings

The defendant's assertion on the defendant's claim for the renewal of the contract is below the Commercial Building Lease Protection Act.

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