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(영문) 서울중앙지방법원 2015.09.24 2015가단78114
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Grounds for recognizing the facts of recognition: Entry in the evidence of subparagraphs A1 through 3, and the purport of whole pleadings;

A. On April 15, 1996, the Plaintiff entered into a lease agreement with the Defendant on the attached real estate (hereinafter “instant real estate”) and thereafter, the lease agreement was automatically extended by implied renewal.

B. On April 10, 2002, the Plaintiff entered into a lease agreement between the Defendant and the 3,500,000 won for the instant real estate, monthly rent of 350,000 won, and the contract term of 12 months from April 15, 2002. Since then, the lease agreement was automatically extended by implied renewal.

C. On January 9, 2015, the Plaintiff notified the Defendant that the lease contract will be terminated upon the expiration of the lease term on April 15, 2015.

2. Determination:

A. According to the above facts, the lease agreement between the Plaintiff and the Defendant on the instant real estate was terminated on April 15, 2015.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, a lessor.

B. Although the defendant asserts that he would continue to lease the instant real estate, the above argument by the defendant is not acceptable since there is no legal defense to prevent the termination of the lease contract.

3. Therefore, the plaintiff's claim of this case is accepted for reasons of the conclusion.

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