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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Facts of recognition;
A. On February 4, 2014, the Plaintiff and B entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the lessor, lessee, and the lease term from January 1, 2014 to December 31, 2015, which set the lease deposit amount of KRW 79,648,000 (hereinafter “the lease agreement”).
Accordingly, the Plaintiff transferred the instant real estate to B.
B. On August 21, 2015, the Defendant succeeded to the lessee’s status under the instant lease agreement from B with the Plaintiff and received the instant real estate delivery.
C. Upon the expiration of the instant lease agreement, the Plaintiff requested the Defendant to renew the lease agreement on condition that the lease deposit amount of KRW 3,902,00 is increased, but the Defendant did not comply therewith.
On June 2016 and July 2016, the Plaintiff paid the lease deposit increased to Defendant A by July 15, 2016 and did not enter into a renewal contract, the Plaintiff was scheduled to file a extradition suit.
E. Upon filing the instant lawsuit on October 5, 2016, the Defendant paid the increased portion of the lease deposit to the Plaintiff on October 21, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 3 and the purport of the whole pleadings
B. According to the above facts of determination, the instant lease contract was terminated on December 31, 2015, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.
As to this, the Defendant asserts that the instant lease agreement was renewed on October 21, 2016 and extended the lease term by October 20, 2018.
According to Eul evidence No. 1, the defendant paid KRW 3,902,00 to the plaintiff on October 21, 2016.
However, there is no dispute, each entry and pleading of Gap evidence 5 to 6 (including, if any, various numbers).