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(영문) 서울중앙지방법원 2021.01.12 2020가단5133751
건물인도
Text

1. The defendant shall receive KRW 1,040,000 from the plaintiff, and at the same time, shall be the real estate listed in the attached list of real estate to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a regional housing association that has its business implementation area in Dongjak-gu Seoul Metropolitan Government, and is the owner of 108.24 square meters of the branch floor among the real estate listed in the attached Table in the real estate list (hereinafter “instant building”).

B. On December 29, 2016, D Co., Ltd. (hereinafter “D”) entered into a contract with the Defendant to lease the instant building to the Defendant (hereinafter “instant contract”) by setting the lease deposit of KRW 5,000,000, monthly rent of KRW 400,000, and the term of lease from December 29, 2016 to three months after notification of migration according to the progress of the regional housing association project (hereinafter “instant contract”).

(c)

At the time of the instant contract, D added a special clause stipulating that “The lessee shall move to the leased building within three months after notification of relocation without any condition, only in the case where relocation following the progress of the project is required to an area where the regional housing association project is in progress.”

(d)

On April 10, 2019, the Plaintiff received reimbursement from D for the instant building, completed the registration of ownership transfer on the same day, and succeeded to the lessor’s status.

E. On August 9, 2019, the Plaintiff passed a contract renewal to the Defendant on the following grounds: “Around August 9, 2019, the Plaintiff refused to renew the contract according to the progress of the regional housing association project; however, the Defendant occupied the instant building and did not comply with it.”

F. The Defendant’s overdue rent for the instant building is KRW 3,960,000 as of November 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the contract of this case was lawfully terminated upon the expiration of the period at the time of the conclusion of the pleading of this case and upon the plaintiff's request for resettlement. Thus, the defendant is obligated to deliver the building of this case to the plaintiff

On the other hand, the Plaintiff is obligated to return the balance of the lease deposit of this case after deducting the Defendant’s delinquency.

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