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(영문) 춘천지방법원강릉지원 2017.12.13 2017가단33045
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the attached list, the light-weight steel-framed team and roof, one-story neighborhood living facilities.

Reasons

1. Basic facts

A. In August 2010, the Defendant, among the buildings listed in the attached Table from the Plaintiff on August 1, 2010, leased KRW 5 million after setting the deposit amount of KRW 1,2,3,6,7, and 42.02 square meters for the part (Ga) inside the line (hereinafter “instant store”), 24 months during the lease period, deposit amount of KRW 5 million, and monthly rent of KRW 300,000,000,000.

B. The Defendant extended the term of the instant lease agreement on June 14, 2015, and changed the term of the lease to 24 months only by 45 square meters on June 14, 2015.

(hereinafter “instant lease agreement”). B.

On May 1, 2017, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease contract with content certification, and the said notification reached the Defendant.

[Reasons for Recognition: Facts without dispute, Gap evidence, Gap evidence No. 1, Gap evidence No. 2, purport of whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion 1) The period of the instant lease agreement has expired. The Defendant did not pay 1.7 million won out of the rent under the instant lease agreement to the Plaintiff, and the Plaintiff deposited 3.3 million won (=5 million won in arrears - 1.7 million won in arrears) remaining after subtracting the overdue rent from the Defendant’s deposit. The Defendant is obligated to deliver the instant store to the Plaintiff upon the termination of the instant lease agreement, and to pay the Plaintiff money from November 14, 2017 to the date of delivery of the instant store. 2) It does not dispute that the instant lease agreement has been terminated.

However, even though the Defendant did not delay the rent under the instant lease agreement, the Plaintiff deposited only KRW 3.3 million out of the deposit.

The defendant is obligated to deliver the real estate of this case only in exchange for the payment by the plaintiff of the deposit amount of five million won.

B. The defendant is against the plaintiff.

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