(영문) 창원지방법원통영지원 2014.12.18 2014가단3664

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(영문) 창원지방법원통영지원 2014.12.18 2014가단3664

건물명도

Text

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

Reasons

1. Facts of recognition;

A. On March 10, 2009, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant as the lease deposit amounting to KRW 20 million, monthly rent of KRW 1 million, and the lease period of KRW 24 months.

B. The Defendant paid to the Plaintiff KRW 20 million and the premium of KRW 30 million, and operated a restaurant in the instant real estate.

C. The above lease agreement has been explicitly renewed even after the expiration of the contract period. On September 24, 2013, the Plaintiff expressed to the Defendant the intent to refuse to renew the lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. Determination as to the claim for the delivery of real estate

A. According to the above facts, since the contract of this case between the plaintiff and the defendant has expired, the defendant is obligated to deliver the real estate of this case to the plaintiff with its restitution.

B. The gist of the Defendant’s defense 1) argues that the Defendant paid KRW 20 million to the Plaintiff, and that the Plaintiff agreed to return the premium of KRW 30 million to the Plaintiff at the time of termination of the lease, and that the Plaintiff cannot comply with the delivery of real estate before receiving the said payment. 2) First of all, the judgment on the issue of whether the Plaintiff agreed to return the premium of KRW 30 million to the Defendant, and that the Plaintiff agreed to return the premium of KRW 1,000,000,000,0000,000 won, and there is no evidence to prove otherwise.

This part of the defendant's defense is without merit.

Next, I will look at 20 million won of lease deposit.

As seen earlier, the Plaintiff received KRW 20 million from the Defendant, and the instant lease contract was terminated, and thus, the Plaintiff is obligated to return it to the Defendant.

This is also related to the defendant's duty of delivery of the real estate of this case.

This part of the defendant.

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