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(영문) 수원지방법원 2015.12.11 2014가단62554
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a)a general steel structure or other sloping roof plant among the real property listed in the separate sheet;

Reasons

1. Basic facts

A. On December 31, 2012, the Plaintiff leased (hereinafter “instant lease agreement”) monthly rent of KRW 2,200,000 (including additional tax) and the lease period from January 1, 2013 to December 12, 2013 (hereinafter “instant building”) to the Defendant on a monthly rent of KRW 195,00,000 (hereinafter “instant lease agreement”) with respect to the general steel structure and other roof 198,000 square meters in a general steel structure, and the multi-dong general steel structure, and the one-story in a multi-story roof factory, one-story of a multi-story factory, which is located in the attached list.

B. On November 26, 2013, the Plaintiff notified the Defendant of his/her intention of refusal to extend the lease of this case upon the expiration of the lease term on December 31, 2013.

C. The Plaintiff lent KRW 30 million to the Defendant on February 24, 2011, and the Defendant agreed to pay the Plaintiff KRW 1.5 million per month and the interest on the said loan that the Plaintiff borrowed from the bank, and the Plaintiff did not pay the principal KRW 12 million as of July 7, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. On November 26, 2013, prior to the termination of the term of the instant lease agreement, the Plaintiff asserted by the parties (1). The Defendant expressed his/her intention to refuse the renewal on November 26, 2013, and the instant lease agreement was terminated upon the expiration of the term of lease because it did not request the renewal of the contract under the Commercial Building Lease Protection Act. ② Even if the instant lease agreement was explicitly renewed between the Plaintiff and the Defendant, the said lease agreement was terminated upon filing a lawsuit against the Defendant seeking delivery of the instant building on October 27, 2014, and the instant lease agreement was lawfully terminated after six months have elapsed since the Plaintiff filed a lawsuit against the Defendant seeking delivery of the instant building, and the instant lease agreement was lawfully terminated. The Defendant delivered the instant building to the Plaintiff and settled the final rent and paid it on September 27, 20

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