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(영문) 서울서부지방법원 2021.01.21 2018가단2366
건물명도(인도)
Text

1. On or after December 18, 2020, the part concerning the claim for return of unjust profits among the principal lawsuit of the Plaintiff (Counterclaim Defendant) shall be dismissed.

2...

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a lease agreement with C on December 12, 2009, is a portion of 630.32 square meters or 630.24 square meters of the total building (76.57 square meters) located in the attached Table 1 re-real estate in the attached Table 1 attached hereto, and the part excluding 146.25 square meters used by the Plaintiff, which is divided into a group of walls among the entire buildings.

The real estate in this case includes at least the part of (A), (b), (d) through (n) of the attached Table 2.

(hereinafter “The instant real estate”) leased the instant lease term from December 28, 2009 to December 27, 2014, with a deposit of KRW 50 million, monthly rent of KRW 510,000 (hereinafter “the instant lease contract”). C appears to be “a communal living household for older persons” under the Welfare of Older Persons and Older Persons and Older Persons Act on the instant real estate around that time.

A. The operation was conducted.

2) On October 29, 2014, the Plaintiff entered into a contract with the Defendant to lease the instant real estate as the extended lease term from December 28, 2014 to December 27, 2016, the lease deposit amount of KRW 70 million (in succession to the increased lease deposit amount of KRW 60.5 million, the remainder of KRW 9.5 million shall be paid on December 27, 2014), and the rent of KRW 7480,00 (payment on December 28, 2014).

The following phrases are written in the front part of the contract:

A CD C B 3) On November 30, 2016, the Plaintiff entered into a contract with the Defendant to lease the instant real estate as the extended lease term from December 28, 2016 to December 27, 2017, the lease deposit amount of KRW 80 million (in succession to the existing lease deposit amount of KRW 70 million, the remainder of KRW 10 million shall be paid on December 27, 2016), and the monthly rent of KRW 7810,00 (payment on December 27, 2016) (hereinafter collectively referred to as “the instant lease contract”). 4) The Defendant is operating the medical care center in the instant real estate until now.

B. (1) On August 31, 2017, the Plaintiff notified the Defendant of the refusal of renewal. The instant lease agreement expired on December 27, 2017.

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