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(영문) 서울동부지방법원 2019.11.13 2018가단138232
건물명도(인도)
Text

1. The defendant is simultaneously paid KRW 20,000,000 from the plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) and the Appointed C are co-owners who purchased 1/6 shares of each of the buildings listed in the separate sheet (hereinafter referred to as “instant building”) from F on March 16, 2018 and completed the registration of transfer of each share ownership on October 5, 2018.

B. On April 9, 2010, the Defendant entered into a lease contract (hereinafter “first contract”) with F, by setting a deposit of 20 million won, monthly rent of 1,200,000 won, and by May 8, 2012, with respect to the area of 20,000 square meters of the instant building, among the instant buildings, as of April 9, 2010, the Defendant entered into a lease contract (hereinafter “first contract”). On April 10, 2015, the instant contract was renewed, and again, on April 10, 2015, connects each of the items of 1,2,3,4,4,5,6, and 16.9 square meters of the instant building (hereinafter “instant store”) with F, by setting the lease term of 20,000,000 won, monthly rent of 1,200,000 won, and 1,501,70,000 won (hereinafter “the instant contract”).

In addition, the Defendant entered into a lease agreement with F by setting the deposit amount of KRW 20,00,00, monthly rent of KRW 1,000,000, monthly rent of KRW 1,000,00, and April 10, 2017, with respect to the portion of KRW 101.19 square meters in the ship (C) which connects each point of the attached drawings on the second floor among the instant buildings in sequence with F.

C. Between F and F on April 10, 2017, the Defendant: (a) as to the instant store, KRW 20,000,000; (b) monthly rent of KRW 1,500,000; and (c) the lease term of KRW 1,50,000; and (b) as between April 10, 2017 and April 10, 2018, the Defendant is “third-party lease renewal agreement (hereinafter referred to as “third-party lease agreement

(C) On the same day, a lease renewal contract was concluded on April 10, 2017 to April 10, 2018. Each of the above lease agreements was implicitly renewed on April 10, 2018.

On October 23, 2018, the Plaintiff stated the Defendant’s declaration of refusal to renew the lease contract.

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