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(영문) 수원지방법원성남지원 2015.12.01 2015가단21454
건물인도
Text

1. The defendant shall receive KRW 70,000,000 from the plaintiff, and at the same time, shall be the building stated in the attached Table to the plaintiff.

Reasons

The following facts are not disputed between the parties, or may be acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence 1 through 6:

① On March 27, 2003, the Plaintiff acquired ownership of the building listed in the separate sheet (hereinafter “instant building”) and succeeded to the status of the lessor under the lease agreement with the former owner of the instant building and the Defendant.

② As to the instant building with the Defendant, the Plaintiff concluded each of the instant lease agreements with the period from May 22, 2006 to May 24, 2008, setting the deposit amount of KRW 70 million as of May 25, 2006, KRW 400,000 per month, and the period from May 25, 2006 to May 24, 2008. As of September 1, 2011, the Plaintiff again concluded each of the instant lease agreements with the period from June 25, 201 to June 24, 2013. The said agreement was explicitly renewed.

③ The Plaintiff notified the Defendant of the delivery of the instant building from March 23, 2015 to June 11, 2015, which was before June 24, 2015, which was the expiration date of the said lease period, from March 23, 2015 to June 27, 2015.

④ The Defendant is gaining profits from the possession and use of the building of this case not later than the closing date of pleadings of this case.

According to the above facts, since the lease contract between the plaintiff and the defendant between the plaintiff and the defendant has expired on June 24, 2015, the defendant is obligated to deliver the building of this case to the plaintiff at the same time as the return of deposit KRW 70 million from the plaintiff, upon the plaintiff's request.

If so, we decide to accept the plaintiff's claim and make a decision as per Disposition.

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