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(영문) 부산지방법원 2021.01.28 2020가단304556
건물인도
Text

The plaintiff's primary claim is dismissed.

The defendant shall pay to the plaintiff KRW 300,000 and to the plaintiff from December 8, 2020 to December 2021.

Reasons

1. Facts of recognition;

A. On December 5, 2015, the Plaintiff and the Defendant run the real estate brokerage business in the name of “C Authorized Brokerage Office” from among the instant real estate owned by the Plaintiff, with the lease deposit of KRW 5,000,000, KRW 150,000 per month, and the lease term of KRW 150,000 per month, from January 1, 2016 to December 31, 2017 (hereinafter “the instant lease agreement”). The Plaintiff and the Defendant run the real estate brokerage business in the name of “C Authorized Brokerage Office” from among the instant real estate.

After February 1, 2018, when the Plaintiff renewed the instant lease agreement, the Plaintiff prepared a lease agreement between the Defendant and the Defendant with the term of lease from February 1, 2018 to January 31, 2020.

B. On December 5, 2015, the Plaintiff and D’s lease contract 1) leased from the Plaintiff the remainder 1/2 of the instant real estate, excluding the leased portion, KRW 5,000,000, KRW 150,000, KRW 150,000, and the lease term from January 1, 2016 to December 31, 2017, the Plaintiff and D operated an authorized brokerage office (hereinafter “D’s business establishment”).

2) After the transfer of D’s workplace to E, the Plaintiff entered into a lease agreement with E on April 3, 2017 with respect to D’s leased portion, and E re-transfer of D’s workplace to F, the Plaintiff entered into a lease agreement with F in 2018 on D’s leased portion, and F run real estate brokerage business under the name of “G Authorized Brokerage Office” from D’s leased portion.

Since then, the lease contract between the Plaintiff and the F was terminated on January 2019, and the F removed from the instant real estate at that time.

(c)

On October 31, 2019, the Plaintiff, including the Defendant’s request for renewal of the contract, notified the Defendant of the delivery of the instant real estate upon the expiration of the instant lease term, and the Defendant, around December 11, 2019, renewed the instant lease contract to the Plaintiff.

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