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(영문) 서울남부지방법원 2015.12.04 2015가단227639 (1)
건물명도
Text

1. On January 1, 2016, the Defendant received KRW 10,000,00 from the Plaintiff at the same time, and simultaneously attached to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 30, 2008, the Plaintiff leased the part of the building indicated in the order to the Defendant’s wife in KRW 10,000,000, and at the same time received deposits from C, delivered the said part of the building to C.

B. On September 6, 2011, the Plaintiff agreed with the Defendant to change the lessee under a lease agreement from C to the Defendant to succeed to the lease, and the term of the lease was set as one year from September 7, 2011.

C. The lease between the Plaintiff and the Defendant is continuously renewed, and the period of September 6, 2015 expired by notifying the Defendant of his refusal on July 27, 2015.

[Reasons for Recognition] No dispute exists, Gap 3-5, 8-1, 8-3, and 10-6's purport and purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to deliver the said building part to the Plaintiff at the same time with a deposit of KRW 10,000,000 upon the arrival of January 1, 2016, as sought by the Plaintiff upon the termination of the lease agreement.

B. The Defendant is reasonable in terms of the premium paid to lease the above building or the cost of toilet leakage, etc. spent during the lease of the said building. Thus, even if the said building is delivered for reconstruction, it cannot comply with it until December 30, 2015.

The plaintiff or the plaintiff should promise to lease the above building under the same conditions as the previous lease after reconstruction.

On November 24, 2015, the time when the Plaintiff seeks to deliver the said building parts through a re-issuance on November 1, 2016 has been reduced on January 1, 2016. Whether to lease the building after re-building is a matter to be determined by the Defendant in consultation with the Plaintiff, and the delivery of the said building parts upon the termination of lease cannot be refused on this ground.

3. Therefore, we accept the Plaintiff’s claim.

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