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(영문) 서울중앙지방법원 2019.02.13 2018가합542484
건물명도(인도)
Text

1. The Defendants are paid KRW 100,000,000 from the Plaintiff, and at the same time real estate indicated in the attached Table to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 (including the number of branch numbers) as to the cause of the claim, the plaintiff entered into a housing lease agreement with the defendants on February 17, 2016 (hereinafter referred to as "the apartment of this case") stating that the real estate listed in the separate sheet (hereinafter referred to as "the apartment of this case") shall be KRW 100,000,000, monthly rent, KRW 3,500,000, and the term of lease shall be from March 17, 2016 to March 17, 2018 (hereinafter referred to as "the instant lease agreement"). The defendants sent to the plaintiff on January 14, 2018, it is recognized that the defendants were refusing to renew the lease agreement with the plaintiff's refusal to renew the above lease agreement by mail, and each of the aforementioned defendants' delivery of a confirmation letter to the effect that the plaintiff will be directors by March 17, 2018.

According to the above facts, the instant lease agreement was terminated on March 17, 2018. Therefore, barring any special circumstance, the Defendants are obligated to deliver the instant apartment to the Plaintiff at the same time with the payment of KRW 100,000,000 from the Plaintiff.

2. As to the determination of the Defendants’ assertion, the Defendants promised to automatically renew the lease agreement to allow the Plaintiff and the Defendants to continuously reside at the time of the conclusion of the instant lease agreement, barring any special reason, and thus, the said lease agreement should be renewed at least by March 17, 2019. However, there is no evidence to prove that the said agreement had been made, and instead, there is no special agreement on the instant lease agreement, stating that “the matters not stated in the contract are governed by the Housing Lease Protection Act and the general real estate transaction practices.”

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