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(영문) 인천지방법원 2019.06.13 2018가단269868
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 6, 2014, the Plaintiff leased the real estate indicated in the attached Table (hereinafter “instant real estate”) to the Defendant as KRW 270,000,000 for the lease term from November 6, 2014 to November 5, 2016.

After the termination of the above lease term, the Plaintiff and the Defendant concluded a lease agreement with respect to the instant apartment from November 6, 2016 to November 5, 2018, which increased the lease deposit amount to KRW 290,000,000 (hereinafter “instant lease agreement”).

B. On August 5, 2018, the Plaintiff and the Defendant notified each other that there was no intention to renew the instant lease agreement, and the instant lease agreement was terminated on November 5, 2018.

C. The Defendant delivered the instant real estate to the Plaintiff on January 23, 2019, and the Plaintiff leased the said real estate to a third party as of the date of closing argument in the instant case.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that since the lease contract of this case was terminated, the defendant, as the lessee, is obligated to return the apartment of this case, which is the object of lease, to the plaintiff as the lessor.

Therefore, as of the date of closing argument of this case, it is recognized that the defendant had already delivered the real estate of this case to the plaintiff, the plaintiff's claim is without merit.

3. The plaintiff's claim for the conclusion is dismissed as it is without merit.

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