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(영문) 의정부지방법원고양지원 2016.08.24 2016가단2270
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) building from 30,000,000 to 30,000 won from the Plaintiff (Counterclaim Defendant) as indicated in the attached Table from January 21, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 21, 2010, the Defendant entered into a lease agreement with Pyeongtaek General Construction Co., Ltd. on the part of the building listed in the separate sheet (hereinafter “instant building”) with respect to the lease deposit of KRW 30,000,000,000, monthly rent of KRW 1,000,000, and the lease term of January 24, 2013. On December 31, 2010, the Defendant succeeded to the status of Pyeongtaek General Construction Co., Ltd., a lessor, by acquiring ownership of the instant building.

B. On January 21, 2014, the Defendant concluded a lease contract with C as to the instant building portion: (a) KRW 30,000,000; (b) monthly rent of KRW 1,200,000; and (c) management expenses of KRW 300,000 (additional tax separate); and (b) January 20, 2016; and (c) on July 31, 2014, the Plaintiff succeeded to the status of C, a lessor, upon acquiring the ownership of the instant building portion.

C. On October 13, 2015, the Plaintiff sent to the Defendant a certificate of content that the contract term of the instant lease expires as of January 20, 2016 and that there is no contract for the transfer of the file and the restoration of the original state and the extension of the contract, and the certificate of content was delivered to the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 4 each entry of evidence 1, 2, Eul evidence 4-9, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of the determination as to the cause of the principal claim, it is reasonable to view that the instant lease agreement between the Plaintiff and the Defendant, who succeeded to the status of the lessor C, was terminated on January 20, 2016 due to the Plaintiff’s rejection of renewal and the expiration of the lease term. Thus, barring any special circumstance, the Defendant delivers the instant building parts to the Plaintiff, and the Defendant is liable to deliver the instant building parts to the Plaintiff, and KRW 1,650,000 per month from January 21, 2016 to the completion date of delivery of the instant building parts (i.e., monthly rent of KRW 1,20,000, KRW 150,000 for the management expenses of KRW 30,000 for each month

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