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(영문) 서울동부지방법원 2019.01.10 2018가단114854
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B is paid KRW 10,000,000 from the Plaintiff and at the same time, the real estate listed in the attached Table.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “the instant building”), and is a lessor who leased part of the first floor of the instant building to the Defendants. Defendant B is a person who leases out and occupies part (a) of the attached sheet No. 1, (b), (c), (c), and (a) of the first floor of the instant building, which connects each point of Section 1, (a) of the attached sheet No. 33.58 square meters from the Plaintiff. Defendant C is a person who leases and occupies part (b) of the attached sheet No. 42.97 square meters from the Plaintiff among the first floor of the instant building.

B. On March 6, 2008, Defendant B entered into a lease agreement with the Plaintiff and the above (A) around KRW 8 million, KRW 950,000 per month, KRW 950,000 per month, and the period from March 6, 2008 to March 7, 2009. Since then, the above lease agreement was implicitly renewed on the expiration date, and the remaining conditions are the same as the deposit on February 17, 2010, and the deposit was increased to KRW 10,000 per month, KRW 110,000 per month, and thereafter, the above lease was continuously renewed at the expiration date.

On September 29, 2017, the Plaintiff was newly constructed in around 1986, and requested Defendant B to issue an order for renewal upon the expiration of the period to implement overall remodeling works on the instant building with a considerable aging period. On October 11, 2017, the Plaintiff notified Defendant B of the rejection of renewal through content-certified mail.

C. On August 12, 2008, Defendant C entered into a lease agreement with the Plaintiff (i) around KRW 25 million, KRW 1.8 million per month, and the period from November 12, 2008 to November 12, 2009, with regard to the foregoing (B) portion. Since then, the said lease agreement was impliedly renewed on the expiration date of the period, the remaining conditions are the same as in November 12, 201, and the monthly rent is increased to KRW 200,000.

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