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(영문) 서울동부지방법원 2015.06.03 2014가합110189
건물명도
Text

1. The Defendant shall deliver to the Plaintiff each real estate listed in the separate sheet No. 1, and container boxes listed in the separate sheet No. 3.

Reasons

1. Basic facts

A. On September 30, 2009, the Plaintiff entered into a lease agreement with the Defendant as between KRW 32.5 million, monthly rent of KRW 1.5 million, and the term of lease from October 1, 2009 to September 30, 201 (hereinafter “instant lease agreement”).

B. From around that time, the Defendant had installed the containers listed in the attached Table 3 list (hereinafter “instant container stuff”) on the land listed in the attached Table 1 List 1 as shown in the attached Table 4 video.

C. Since then, the instant lease agreement was explicitly renewed, and on August 13, 2014, the Plaintiff sent to the Defendant a letter that the contract term expires on September 30, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease contract was terminated on September 30, 2014, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff with the restoration to its original state and remove the container stuff.

3. As to the judgment on the Defendant’s assertion, the Defendant concluded a lease agreement on the real estate immediately adjacent to the instant real estate (hereinafter “k Center lease agreement”) as indicated in the attached Form 2, and the Defendant asserted that the term of the instant lease agreement was modified and renewed to the same extent as that of the said car center lease agreement by concluding the car center lease agreement, and thus, the instant lease agreement was not terminated.

However, evidence Nos. 2, 3, and 8 are respectively.

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