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(영문) 서울동부지방법원 2020.07.23 2020가단102342
건물인도
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On October 2015, the Defendant leased the instant apartment from D by setting the lease deposit amount of KRW 650 million, the lease deposit period from January 9, 2016 to January 8, 2018, and thereafter paid the said deposit and completed the move-in report on November 17, 2016.

(hereinafter “instant lease agreement”). B.

On December 20, 2017, Defendant and D entered into a renewal contract with the effect that the lease deposit shall be increased to KRW 720 million, but the lease term shall be extended to January 9, 2020. Accordingly, Defendant paid KRW 70 million to D additional lease deposit.

C. On November 5, 2019, D entered into a contract with the Plaintiffs to sell the instant apartment amount of KRW 1.35 billion to the Plaintiffs.

The Plaintiffs completed the registration of ownership transfer on the above apartment on December 26, 2019.

(1/2 shares of the plaintiffs) . 【No dispute exists, Gap's 1 through 3 (including paper numbers, hereinafter the same shall apply), Eul's 1, 2, and 5's 1/2, and the purport of the whole pleadings.

2. The parties' assertion on the cause of the claim;

A. On November 6, 2019, D, the previous lessor of the instant apartment, the gist of the Plaintiffs’ assertion, had agent E notify the rejection of renewal of the instant lease agreement through text messages. On November 20, 2019, D notified the rejection of renewal via content-certified mail.

Therefore, since the lease contract of this case terminated on January 9, 2020, the expiration date, the defendant is obligated to deliver the apartment of this case to the plaintiffs at the same time as receiving KRW 720 million from the plaintiffs who succeeded to the lessor status of the above lease contract.

B. The Defendant and D agreed to renew the instant lease agreement through the exchange of text messages on November 3, 2019, and confirmed again on December 14, 2019. As such, the period of the said lease agreement is agreed upon between the parties.

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