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(영문) 서울중앙지방법원 2018.02.08 2016가단108456
건물명도
Text

1. The Plaintiff:

A. Defendant B is paid KRW 4,000,000 from the Plaintiff, and at the same time, the second floor of “Seoul Central District D”.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 6, the plaintiff entered into a lease agreement (hereinafter "each of the instant lease agreements") with the defendant Eul on December 1, 2002 with the content that the store listed in the Disposition No. 1 in the Disposition No. 1 is leased for 12 months in the monthly rent of KRW 4 million, KRW 500,000,000, KRW 12 months in the monthly rent of October 1, 2006, and the content that the store listed in Disposition No. 1-B is leased for 3 million, KRW 4 million in the monthly rent of KRW 400,000,000 for 12 months in the monthly rent of KRW 40,000. The plaintiff and the defendants continued to renew each of the instant lease agreements on October 1, 2015 and July 13, 2015.

According to the facts of recognition, each of the instant lease agreements is terminated due to the Plaintiff’s declaration of refusal to renew the lease. Therefore, the Defendants are obligated to deliver the store, which is the object of lease, to the Plaintiff at the same time with the payment of each lease deposit.

In this regard, the defendants asserted that ① exercise the right of retention for necessary or useful expenses, ② exercise the right of simultaneous performance defense at the time of exercising the right of the attached purchase, ③ exercise the right of simultaneous performance defense according to the right of the claim of the deposit, ③ exercise the right of the claim of the deposit, so it is impossible to comply with the plaintiff’s request of extradition.

First of all, this part of the allegation is acceptable without further review, as there is no evidence to acknowledge that the description or image of the health belt, Eul evidence Nos. 1 and 2 (including paper numbers) has occurred to the defendants, and there is no other evidence to acknowledge that the right to claim the attached article has occurred.

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