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(영문) 서울중앙지방법원 2017.12.14 2017가단5074005
건물명도(인도)
Text

1. The defendant is based on Section 1, 2, 3, 4, 5, 6, 1, 2, 2, 3, 4, 5, and 1 among the two real estate listed in the attached list.

Reasons

1. Determination as to the cause of the claim (1) on October 12, 2015, the Plaintiff entered into a contract with the Defendant for the lease of the instant store (hereinafter “instant lease contract”) with the Defendant on the following grounds: (a) on the lease deposit amount of KRW 2,00,00 won, monthly rent of KRW 1,30,000 (excluding value-added tax), and the contract period from November 30, 2015 to November 31, 2017; (b) on the following grounds: (a) on the second floor of real estate listed in the attached list, the Plaintiff sent the instant lease contract with the Defendant for the lease of KRW 1,2,33,44,56, and 9,000 (hereinafter “instant store”); (c) on the grounds that the instant lease contract was not returned to the Plaintiff, and (d) on the grounds that the Plaintiff did not return it to the Plaintiff on August 16, 2016; and (d) on the ground that the instant lease contract was not returned to the Plaintiff.

According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's declaration of termination, and barring special circumstances, the defendant is obligated to deliver the store of this case to the plaintiff.

2. Although the defendant demanded the plaintiff to enter into a contract with a new lessee who is physical coloring, the plaintiff refused this without just cause to regard the damage of the premium of KRW 2 million. Thus, the plaintiff's obligation to respond to the plaintiff's claim.

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