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(영문) 의정부지방법원고양지원 2020.05.28 2020가단70652
건물인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, on November 25, 2014, extended the lease term by raising the monthly rent of KRW 700,000 among the above conditions on December 20, 2016, to the Defendant on December 20, 2014, with the lease term from December 20, 2014 to December 19, 2016, with the lease deposit of KRW 10,000,000 (hereinafter “instant lease”). The lease term was extended by two years by raising the monthly rent of KRW 700,000 among the above conditions, and thereafter on December 20, 2018, the lease term was extended by implied renewal and the lease term was extended to December 20, 2019.

[Reasons for Recognition] Facts that there is no dispute between the parties, and each entry of Gap evidence 1 (including branch numbers; hereinafter the same shall apply)

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was from October 17, 2018 to the Defendant on the monthly rent increase. However, the Defendant sent text messages to the effect that it could not increase the rent on October 17, 2018, and that it would seek a new lessee. As such, there was an agreement between the Plaintiff and the Defendant on the termination of the instant lease agreement, and the Defendant expressed specific intent by taking a banner seeking lessee on a building on January 6, 2019, and the said lease was terminated.

The Plaintiff sent the certificate of content on July 5, 2019 to ensure the termination of the instant lease agreement.

Therefore, as the instant lease contract was terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. In full view of the following facts and circumstances acknowledged prior to the determination, the Plaintiff and the Defendant agreed on October 17, 2018 regarding the termination of the instant lease agreement, as alleged by the Plaintiff, comprehensively taking account of the following facts and circumstances acknowledged by the respective descriptions of Gap evidence Nos. 4, 5, 6, and Eul evidence No. 2 and the purport of the entire pleadings.

In January 6, 2019, it is difficult to recognize that the above lease contract was terminated.

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