(영문) 수원지방법원 2020.07.08 2019나89876

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(영문) 수원지방법원 2020.07.08 2019나89876

건물명도(인도)

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On June 24, 2013, the Defendant: (a) leased the leased deposit of approximately 41,00,000, KRW 1,800,000, KRW 1,80,000, KRW 1222 months from June 25, 2013; and (b) leased the leased deposit of approximately 123.1 square meters of part of the part inside the ship (B), which successively connected each of the items in the attached list, with the indication of 1,2,3,8, and 1,000, KRW 1,80,000, and the lease period from June 25, 2013 (hereinafter “instant lease”); and (c) thereafter, the instant lease was implicitly renewed (hereinafter “instant lease”).

B. On October 28, 2015, the Plaintiff purchased real estate listed in the attached list from C, and completed the registration of ownership transfer under the Plaintiff’s name. At that time, the Plaintiff succeeded to the lessor’s status under the instant lease agreement.

C. On January 31, 2019, the Plaintiff notified the Defendant that he/she did not wish to renew the instant lease agreement, demanding the Plaintiff to deliver the instant real estate at April 24, 2019, which is the expiration date of the lease term, and that this reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 24 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, since the lease contract of this case which was implicitly renewed is terminated at the expiration of the period on April 25, 2019, the defendant is obligated to deliver the real estate of this case to the plaintiff at the same time with the remainder obtained from the plaintiff the amount obtained by deducting the amount calculated by the rate of KRW 1,80,000 per month from April 1, 2019 to the completion date of delivery of the real estate of this case, as the plaintiff seeks.

3. Judgment on the defendant's assertion

A. First, the Defendant leased and used the instant real estate, and boiler.

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