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(영문) 제주지방법원 2017.06.23 2016가단60265
건물명도
Text

1. From 20,00,000 won to 20,000 won, the Defendant shall each month from June 1, 2017 to the completion date of delivery of the building as indicated in the separate sheet.

Reasons

1. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

On September 20, 2003, the Plaintiff leased the instant building to the Defendant with a deposit of KRW 20 million, annual rent of KRW 30 million, and the term of lease from September 20, 2003 to September 20, 2005. On September 20, 2013, the Plaintiff entered into a lease contract with a deposit of KRW 20 million, annual rent of KRW 35 million, and the term of lease from September 20, 2013 to September 19, 2014.

After that, the lease contract is renewed, and the plaintiff expressed his/her intention to refuse to renew the lease contract to the defendant on June 2016.

(C) On September 2, 2016, the lease agreement on the instant building between the Plaintiff and the Defendant was terminated on September 19, 2016, as the Plaintiff notified the Defendant of the refusal of renewal on or around June 2016.

(A) The Plaintiff expressed his intention to renew, but the lease contract cannot be deemed to have been renewed upon the Defendant’s request for renewal, as the entire lease period including the initial lease period exceeds five years. Meanwhile, the Plaintiff received from the Defendant the monthly payment of KRW 3 million from October 1, 2016 to April 31, 2017 as a fee and received a total of KRW 21 million (3 million x 7).

Therefore, the defendant is obliged to deliver the building of this case to the plaintiff at the same time with the remaining money obtained by deducting the amount calculated by the ratio of KRW 3,000,000 per month from June 1, 2017 to the completion date of delivery of the building of this case from the amount of KRW 20,000,000 for lease deposit 20,000 for the plaintiff.

The Defendant asserted to the effect that the Defendant exercised the right to purchase accessories or the right to claim reimbursement of beneficial costs, since it invested in facilities exceeding KRW 400 million in order to operate singing points in the instant building. However, the Defendant made an investment in facilities with the aforementioned amount.

(c) claims for purchase, or any accessories thereof;

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