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Reasons
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(영문) 광주지방법원 2019.05.29 2018가단20137
건물명도 등
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1. The defendant delivers the building indicated in the attached list to the plaintiff, and from April 25, 2019 to April 375, 2019 to the completion date of delivery.

Reasons

1. Facts of recognition;

A. On August 29, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 2,00,000, monthly rent of KRW 375,000 (annual rent of KRW 4,50,000), and the lease period of KRW 2,00,00 from August 28, 2016 to August 27, 2017.

(hereinafter “instant lease agreement”). On the other hand, the Plaintiff registered the instant building as a rental business operator around July 2014 at Naju-si.

B. (1) On July 7, 2017, the Plaintiff asked the Defendant to renew the instant lease agreement by wire, and the Defendant demanded that the contract be renewed by an increase of KRW 6,00,000, which is one year tea.

On July 14, 2017, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff refused to renew the lease agreement upon the expiration of the lease term on August 27, 2017. Accordingly, on July 24, 2017, the Defendant sent to the Plaintiff a certificate of content that the Plaintiff requires the Plaintiff to submit reasonable conditions on the ground that the Plaintiff to increase the lease agreement amount to KRW 6,00,000 on the basis of the renewal agreement.

On July 28, 2017, the Plaintiff sent a certificate of content to the Defendant for cooperation because the Plaintiff had an intention to renew a contract, not an implied renewal, and requested the Defendant to surrender the instant building on August 21, 2017.

(2) On September 12, 2017, the Plaintiff sent to the Defendant a certificate of content that he/she had an intention to re-examine KRW 4,725,00,00, raising the annual rent of KRW 5%. However, the Defendant paid the Plaintiff KRW 375,00 on August 31, 2017 without giving any reply, and then paid the said money as monthly rent by the date of closing the argument of the instant case.

C. The Plaintiff’s termination of the instant lease agreement and the request for renewal (1) was terminated on July 3, 2018 after the lapse of two years.

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