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(영문) 서울서부지방법원 2018.01.09 2016가단19926
건물인도
Text

1. The defendant is paid KRW 2,766,50,000 from the plaintiff, and at the same time, the building listed in the attached list is added to the plaintiff.

Reasons

Facts of recognition

The Plaintiff is a corporation established for the purpose of developing, leasing, etc. real estate, and is a company that implements a project to build and sell a "D" apartment complex, which is a private rental house with 32 Dong-dong 600 households, located in Yongsan-gu Seoul Metropolitan Government.

On July 11, 2013, the Plaintiff entered into a lease agreement with the Defendant regarding D Apartment 105, 102 (hereinafter “instant apartment”) by setting the lease deposit of KRW 2,766,50,000 from the scheduled date of occupancy during the lease period to January 31, 2016 (hereinafter “instant lease agreement”). Since the Defendant paid the lease deposit to the Plaintiff at that time, he/she occupied and used the instant apartment since he/she moved into the instant apartment.

According to the instant lease agreement and special agreement, the first period of designation of occupancy from January 31, 201 to March 16, 201 is the period from January 31, 2011.

At the time of the lapse of two years or five years from the date of the tenant's choice, the procedures for conversion for sale in lots shall be scheduled first to the tenant, and the details of the relevant regulations shall be as specified in the attached Form.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 23 (including a provisional number; hereinafter the same shall apply), and the facts of the above recognition that the purpose of the entire pleadings is to cause a claim, the lease term of the instant lease expires on January 31, 2016. Thus, the defendant is obliged to deliver the instant apartment to the plaintiff at the same time as receiving the lease deposit from the plaintiff, except in extenuating circumstances.

The summary of the defendant's assertion and judgment is that the plaintiff cannot refuse the renewal of the lease contract unless there is any legal ground prescribed by the Rental Housing Act. Therefore, the lease contract of this case was renewed by the Rental Housing Act, and the plaintiff notified the defendant that he refuses the renewal of the lease between June and January before the expiration of the lease term.

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