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(영문) 서울동부지방법원 2016.06.01 2015가단40884
건물명도
Text

1. The Defendants shall deliver to the Plaintiff the buildings listed in the attached Table.

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

3...

Reasons

1. Facts of recognition;

A. On December 31, 2012, the Plaintiff was the owner of the building indicated in the attached Table (hereinafter “instant apartment”), and entered into a lease agreement with Defendant B, setting the instant apartment as the lease deposit amounting to KRW 500 million and the period from March 10, 2013 to March 9, 2015 (hereinafter “instant lease agreement”).

B. Defendant B occupied the instant apartment from March 10, 2013 under the instant lease agreement, and the Plaintiff and Defendant B drafted an agreement confirming that the instant lease agreement had been terminated on June 2, 2015.

C. Meanwhile, Defendant C currently occupies the apartment of this case as the wife of Defendant B.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. According to the above recognition of the obligation to deliver the apartment of this case, since the lease of this case is terminated upon the expiration of the term, Defendant B is obligated to deliver the apartment of this case to each Plaintiff on the ground of the termination of the lease of this case without permission.

B. Defendant C’s assertion (1) first, the instant lease agreement was explicitly renewed for two years, or the Plaintiff and Defendant B concluded a new lease agreement with a rental deposit of KRW 500 million and KRW 500,000 between the Plaintiff and the Defendant. Thus, there is no evidence to acknowledge it. As seen earlier, the instant lease agreement was terminated upon the expiration of the period. Even if Defendant B paid to the Plaintiff an amount of money at the rate of KRW 500,000 per month, this is merely a payment made by Defendant B to compensate the Plaintiff’s losses after considering the fact that the lease deposit does not reach the market price after the termination of the instant lease agreement.

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