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(영문) 대구지방법원포항지원 2017.12.19 2017가단3619
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 2, 2015, the Plaintiff entered into a lease agreement with the Defendant with regard to the second floor of 217.76 square meters (hereinafter “instant real estate”) among the five floors of the building, Nam-gu C-gu ground reinforced concrete structure and light steel framed structure and light framed roof, which are owned by the Plaintiff, during the period from February 2, 2015 to February 1, 2017, with regard to the lease deposit amounting to KRW 20,000,000, and KRW 1,320,000 (including value-added tax) for the rent period (hereinafter “instant lease agreement”). At that time, the Defendant paid the said lease deposit to the Plaintiff and started the restaurant business from the instant real estate.

On October 30, 2016, the Defendant sent to the Plaintiff an e-mail that the instant lease agreement will be terminated on February 1, 2017, which is the expiration date of the contract.

On May 29, 2017, the Plaintiff provided a content-certified mail demanding the Defendant to perform the duty to transfer and restore the instant real estate after the expiration of the term of the instant lease agreement. On or around June 26, 2017, the Plaintiff provided the Defendant with a notice to return KRW 20,000,000 to the Defendant on June 30, 2017, “The instant lease agreement is terminated,” and the Plaintiff provided the Defendant with a notice to return KRW 20,000,000 as the lease deposit to the Defendant on June 30, 2017.” In addition, the Plaintiff provided the Defendant with the notice that “I will collect the Defendant’s house equipment on the same day, along with returning the deposit money.”

On June 30, 2017, the Plaintiff asked the Defendant to receive the lease deposit by presenting the above check to the Defendant only on the instant real estate, but the Defendant demanded the payment of overdue charge at the rate of 25% per annum on the non-return of the lease deposit between them, and refused to receive the said check.

On the other hand, the plaintiff on August 16, 2017.

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