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(영문) 서울북부지방법원 2019.10.30 2019가단114840
건물명도(인도)
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. Of the costs of lawsuit, 2/7 are the Plaintiff.

Reasons

Basic Facts

Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 5, the Plaintiff and the Defendant agreed to lease the instant store to the Defendant at KRW 20 million on January 15, 2007, and KRW 800,000 per month on rent, and KRW 1,000 per month on rent, KRW 16 per month on rent, and KRW 15,000 from March 2007 on January 15, 2009, and KRW 24 months from January 15, 2009. The above lease was terminated at the expiration of the period on January 15, 2019. The Plaintiff and the Defendant agreed to lease the instant store at KRW 20,00, KRW 1,500 on rent, KRW 1,00 on rent, KRW 1,50 on rent, KRW 10,00 on May 16, 201.

The Plaintiff asserts that the termination of the instant lease agreement was terminated upon agreement on August 28, 2019, and that the Defendant agreed on the termination of the instant lease agreement as of April 1, 2019.

Therefore, I first examine whether the instant lease contract was terminated by agreement as of April 1, 2019.

According to Gap evidence No. 7, it is recognized that the defendant sent a text message to the plaintiff on January 17, 2019 to the effect that the lease contract of this case was disadvantageous to the defendant on the ground that it was unfavorable to the defendant. Meanwhile, in full view of the purport of the entire pleadings in Gap evidence No. 6, the defendant sent the text message paper and did not set a separate period of consent. The lease contract of this case to the plaintiff on February 14, 2019 was unilaterally concluded by the plaintiff's coercion, etc., and the lease contract of this case was effective as it was concluded by the plaintiff on February 14, 2019. Thus, the lease term of this case is one year, and the monthly rent is 1,050,000 won raised from 1,000 won and 5%. The plaintiff notified the plaintiff.

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