(영문) 수원지방법원 안산지원 2021.01.27 2020가단88681

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(영문) 수원지방법원 안산지원 2021.01.27 2020가단88681

건물인도

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The Defendant, as the Plaintiff

(a) deliver the real estate listed in the separate sheet;

B. From June 1, 2020, the above paragraph (a) is described.

Reasons

1. Basic facts

A. On February 22, 2018, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 60 million, monthly rent of KRW 400,000,000, and the lease term from March 30, 2018 to March 29, 2020 (hereinafter “instant lease agreement”), and around that time, delivered the instant real estate to the Defendant.

B. On March 31, 2020, after the above lease term expired, the Defendant: (a) confirmed that the instant lease contract was terminated on March 29, 2020 with the lapse of the above lease term; and (b) prepared a letter to the Plaintiff to deliver the instant real estate by May 30, 2020.

【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1, 2 and 6, and the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance, as the instant lease contract was terminated upon the expiration of the above period, and to pay the Plaintiff unjust gains calculated by the above 400,000 won per month from June 1, 2020 to the completion date of delivery of the instant real estate.

B. As to this, the Defendant asserted that the instant lease agreement was impliedly renewed, but there is no evidence to acknowledge it, and according to the evidence evidence No. 6, it can be acknowledged that the Defendant received return of KRW 10 million, which is a part of the lease deposit, from the Plaintiff around August 7, 2019, prior to the preparation of the above written statement on March 31, 2020, from the Plaintiff, and expressed his/her intent to terminate the lease contract on the expiration date. Accordingly, the Defendant notified the lessee of the rejection of renewal.

Since it is reasonable to see that the above argument by the defendant is not accepted ( furthermore, the defendant's implied renewal is not accepted).

Even if the defendant prepares the above written statement to the plaintiff, the real estate of this case is up to May 30, 2020.

유사 판례

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