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(영문) 수원지방법원성남지원 2019.07.26 2018가단203820
건물명도(인도)
Text

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

Comprehensively taking account of the overall purport of evidence Nos. 1 and 2-1 and evidence Nos. 3 through 5, the Plaintiff entered into a lease agreement with the Defendant as of January 29, 2016 by setting the lease deposit amount of KRW 51,445,00, KRW 356,350, KRW 350, and the lease period from September 1, 2015 to August 31, 2017, and the Plaintiff urged the Defendant to enter into a lease renewal agreement by increasing the lease deposit, but it is recognized that the Defendant failed to pay the increased lease deposit to the Plaintiff.

According to the above facts, since the lease contract between the plaintiff and the defendant has expired, the defendant has a duty to deliver the real estate stated in the separate sheet to the plaintiff, barring special circumstances.

(B) As of January 17, 2018, the Plaintiff asserted that the termination of the contract is unreasonable, on the ground that the Plaintiff’s termination of the contract is unreasonable, on the following grounds: (a) the Plaintiff was detained by an unfair criminal litigation and the Defendant did not conclude the renewal contract; and (b) the Plaintiff’s termination of the contract is unreasonable.

However, there is no legal basis to regard the claim of this case as improper only by the defendant's assertion.

Therefore, the plaintiff's claim is accepted.

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