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(영문) 서울동부지방법원 2020.09.18 2020가단108494
건물인도
Text

1. The defendant is from among the 20,000,000 won from the plaintiff and the 4,030,000 won from the 20,000 won and the 1st floor from January 15, 2020 to the attached sheet.

Reasons

1. Facts of recognition;

A. On December 15, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 1.2 million, and the period of December 15, 2019, wherein the lease agreement was entered into between the Defendant and the lease agreement with the Defendant on the part of KRW 40,000,000,000 in the ship (hereinafter “instant building”) that connects each point of Section 1, 2, 3, 4, 1, and 1,000,000 won in sequence, and the Defendant occupies and uses the instant building by delivery from the Plaintiff around that time.

B. On September 11, 2019, the Plaintiff expressed his/her intent to refuse to renew the instant lease agreement to the Defendant.

The defendant does not want to renew the building more at the time, and it seems that the defendant would deliver the building of this case to the plaintiff upon the expiration of the period.

C. On October 9, 2019, the Plaintiff entered into a lease agreement with C to lease the instant building as the lease deposit amount of KRW 20 million, monthly rent of KRW 1.2 million, and the period from January 1, 2019 to December 12, 201, and received KRW 2 million from C.

According to the above lease contract, if one party fails to fulfill the terms of the contract, the other party may rescind the contract, and in this case the other party may claim the amount equivalent to the down payment due to damages arising from the cancellation of the contract.

From December 5, 2019, the Defendant expressed his intention that the instant building cannot be transferred if it became aware of the collection of premiums to the Plaintiff.

However, at the time, the defendant seems to have entered into a premium contract or sought new lessee or not to have entered into a new contract.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1, 3, 4, and 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment thereon

A. Since the lease contract of this case on the plaintiff's assertion and the plaintiff's claim 1 on this ground has expired, the defendant delivers the building of this case and is equivalent to the monthly rent by the date of the completion of delivery.

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