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(영문) 서울동부지방법원 2019.11.28 2018가단125281
건물명도(인도)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On June 30, 201, the Plaintiff entered into a lease agreement with the Defendant, setting a deposit of KRW 10 million with respect to 34.56 square meters (hereinafter “instant leased object”) from among the 1st floor of the Songpa-gu Seoul Building (hereinafter “instant building”) owned by the Plaintiff to the Defendant (hereinafter “instant leased object”), between July 12, 2011 and July 12, 2013; the monthly rent of KRW 90,000 per month from the date of the contract; and the monthly rent of KRW 100,000 per month from the second year (hereinafter “instant lease agreement”).

B. After that, the instant lease agreement has been implicitly renewed. On May 3, 2018, the Plaintiff sent to the Defendant a document verifying the content that “The instant lease agreement will be terminated as of July 12, 2018, when the instant building was at least 30 years old and is at risk of collapse,” and the said mail reached the Defendant around that time.

C. On February 28, 2019, the Defendant: (a) removed the key from the leased object of this case by leaving standards, air conditioners, one wave, and one tables; and (b) decided that the key was set up in the windows; and (c) on March 1, 2019, the Plaintiff and the Defendant agreed not to claim a refund of value-added tax amounting to KRW 10 million against the Defendant by offsetting the Plaintiff’s deposited rent claim against the Defendant and the Defendant’s claim for the refund of deposit amounting to KRW 10 million against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 10 evidence, Eul evidence 7-1, 2, Eul evidence 9 and 10, and the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. The summary of the Plaintiff’s assertion was delivered to the Plaintiff as of May 22, 2019.

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