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(영문) 제주지방법원 2018.06.08 2017가단61517
건물명도(인도)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On July 2, 2014, the Defendant entrusted the operation and management of the building listed in the separate sheet owned by Jeju Special Self-Governing Province to the Plaintiff, on the following occasions: (a) leased the instant e-mail site located within the first floor C History of the said building (hereinafter “the instant e-mail”); (b) KRW 1 million, monthly rent of KRW 300,000,000, and the period from July 2, 2014 to December 31, 2014; and (c) the Plaintiff operated the instant e-mail in the instant e-mail.

B. On January 1, 2017, the above lease agreement was renewed every year after the expiration of the above term, and the Defendant planned to construct the instant private house or facility repair works that were worn down in the year 2017, and the Plaintiff left the deposit and monthly rent as they are, and entered into the lease agreement from January 1, 2017 to the date immediately before the instant private house or repair works (hereinafter “instant lease agreement”).

C. On July 3, 2017, the Plaintiff delivered the instant complaint to the Defendant for the repair of the instant rain or facility. On July 4, 2017, the Defendant commenced construction of the instant private rain or facility.

On August 2, 2017, the Defendant sent to the Plaintiff a letter-certified mail (No. 6) stating that “The Plaintiff sent the instant lease contract to the Defendant on July 3, 2017, upon the expiration of the period of the instant lease, so that the Plaintiff could return the said deposit to the Plaintiff, and without any contact, the Defendant would deposit the said deposit. This content-certified mail (Evidence No. 6) to the effect that “The Plaintiff sent a notice that the lease contract has been terminated once due to the expiration of the period of the lease.” On September 6, 2017, the Defendant deposited the said deposit amount of KRW 1 million with the Plaintiff as the deposit recipient.

E. On September 13, 2017, the instant private letter or facility repair works resumed its business from September 16, 2017, and the Defendant, through open recruitment, conducted an open recruitment to E. As to the instant private letter or facility repair works from September 16, 2017 to December 31, 2018.

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