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(영문) 서울중앙지방법원 2017.06.13 2016가단5211333
건물명도
Text

1. The defendant shall receive KRW 240,000,000 from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. On April 16, 2014, the Plaintiff entered into a contract with the Defendant for the lease of the real estate listed in the separate sheet (hereinafter “instant real estate”) as KRW 240,000,00 from May 20, 2014 to May 20, 2016, and the lease deposit amount of KRW 240,00,00. The Defendant paid the entire rental deposit and received the delivery of the instant real estate, and has occupied and used the instant real estate until now, there is no dispute between the parties.

2. The party's assertion and judgment

A. The plaintiff asserts that the lease contract of this case was terminated by the plaintiff's notification of rejection of renewal, and the defendant did not receive the plaintiff's notification of rejection of renewal, so the lease of this case was renewed under the same conditions as the lease of this case.

B. Considering the following facts or circumstances, which are acknowledged by comprehensively considering the purport of the entire pleadings in the respective statements in Gap evidence Nos. 3 through 6, 8, and Eul evidence Nos. 2 through 4, 7, and 8, it is reasonable to deem that the defendant received the plaintiff's notice of rejection of renewal during the period from six months to one month before the expiration of the lease term. Thus, it is deemed that the lease contract of this case was terminated at the expiration of the lease term on May 20, 2016.

(1) On April 7, 2016, the Plaintiff sent the instant lease agreement to the Defendant by content-certified mail. However, the said mail was not served to the Defendant on the grounds of the absence of closure, etc., and on April 15, 2016, the Plaintiff sent the notice that the Defendant did not wish to renew the instant lease agreement to the Defendant, and the said text message appears to be read by the Defendant.

(2) On April 24, 2016, the Defendant deposited KRW 142,50,50 in the Defendant’s bank account (C) the amount of KRW 62,500, 600, 600, 142,50, 200, 300, 300, and 30,000,000, of the clive light repair cost, which was set as a main time, to the Plaintiff before making a statement.

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