(영문) 춘천지방법원원주지원 2016.10.19 2016가단31816

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(영문) 춘천지방법원원주지원 2016.10.19 2016가단31816

건물명도

Text

1. The defendant shall receive KRW 5,000,000 from the plaintiff and at the same time, each real estate listed in the attached Table shall be paid to the plaintiff.

Reasons

1. Basic facts

A. On October 2007, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant with the lease deposit of KRW 5,00,000,000, monthly rent of KRW 450,000 (payment on October 15), and the lease term of KRW 10,000 from October 1, 207 to September 30, 2012. At that time, the Plaintiff received the lease deposit from the Defendant and delivered each of the said real estate to the Defendant.

B. After the expiration of the term of the said lease, the Plaintiff entered into a lease agreement with the Defendant as to each of the instant real estate, which is the same as the existing contract, and entered into a lease agreement with the period from October 15, 2012 to October 14, 2014. After the expiration of the term of the said lease, the lease agreement was concluded as to each of the instant real estate from October 15, 2014 to October 14, 2015 (hereinafter “instant lease agreement”).

C. The Defendant has been occupying and using the Car Center in each real estate of this case until now.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2, 4, and 8 (including each number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, insofar as the duplicate of the complaint of this case containing the Plaintiff’s intention of termination regarding the instant lease agreement in an implied renewal status reaches the Defendant on April 19, 2016, it is reasonable to view that the instant lease agreement is terminated lawfully without any further renewal on October 14, 2016, barring any special circumstances. Thus, the Defendant is obligated to deliver the said real estate to the Plaintiff, barring any special circumstance.

3. The defendant's defense is defense to the effect that the defendant cannot respond to the plaintiff's claim until he receives the lease deposit under the lease contract of this case from the plaintiff.

B. On October 2007, the Defendant concluded the instant lease agreement with the Plaintiff around October 2007.

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