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(영문) 의정부지방법원 2021.02.18 2020가단122758
건물인도
Text

The defendant delivers to the plaintiff the building indicated in the attached list, and from July 11, 2020 to the date of completion of the above delivery.

Reasons

Facts of recognition

A. On November 16, 2015, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) from C on November 16, 2015, and completed the registration of ownership transfer on July 27, 2018.

B. On April 1, 2018, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building with a deposit of KRW 270 million, term of lease from June 8, 2018 to July 10, 2020 (hereinafter “instant lease agreement”), and delivered the instant building to the Defendant around June 8, 2018.

(c)

Around March 26, 2020, the Defendant requested the Plaintiff to renew the lease term of the instant lease until February 2021. However, the Plaintiff notified the Defendant of his refusal on March 30, 2020.

(d)

From July 11, 2020 to July 10, 2021, after the lease term of the instant lease expires, where the instant building is leased in KRW 270 million as the lease deposit between July 11, 2020 to July 10, 2021, the rent that can be collected is equivalent to KRW 705,00 per month.

[Ground for recognition] The judgment on the plaintiff's claim as to the non-contentious facts or Gap's evidence Nos. 1 to 4 and the purport of the whole arguments

A. According to the above facts, since the lease contract between the plaintiff and the defendant terminated on July 10, 2020, the lease contract of this case between the plaintiff and the defendant expired, the defendant is obligated to deliver the building of this case to the plaintiff, barring any other special circumstances, and pay the amount calculated at the rate of KRW 705,00 per month as unfair profit equivalent to the rent from July 11, 2020 to the completion date of the above delivery.

B. As to this, the Defendant, after notifying the Defendant of the refusal to renew the instant lease agreement, proposed a new lease agreement agreement agreement on June 17, 2020 and June 19, 2020, and withdrawn the refusal to renew the instant lease agreement. Thus, the Defendant asserted that the instant lease agreement was renewed. However, the Plaintiff asserted that the instant lease agreement was renewed solely on the basis of the Defendant’s assertion.

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