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(영문) 창원지방법원진주지원 2016.02.18 2015가단621
건물인도 등
Text

1. The defendant is the second floor of the building indicated in the separate sheet from February 1, 2016 to February 1, 2016, from KRW 15,690,000 from the plaintiff and KRW 10,000.

Reasons

1. Facts of recognition;

A. On January 1, 2008, the Plaintiff entered into a contract with the Defendant for the lease of the whole second floor (hereinafter “instant building”) of the attached list to the Defendant, with a deposit of KRW 10,000,000, monthly rent of KRW 1,100,000 (payment on January 1), and the period from January 1, 2008 to December 31, 2010, and delivered the instant building to the Defendant.

B. The foregoing lease agreement was explicitly renewed on January 1, 201, and the Plaintiff entered into a contract with the Defendant on June 201, stipulating that the deposit and monthly rent of the instant building shall be the same before and after the Defendant, and that the period shall be two years from June 30, 201.

After that, the above lease agreement was explicitly renewed on July 1, 2013, and the Plaintiff and the Defendant agreed to change the monthly rent of the above lease into KRW 1,300,000 on August 2013.

(hereinafter referred to as the “instant lease contract”). (C)

On June 30, 2014, the Plaintiff filed the instant lawsuit claiming that the instant lease agreement was terminated by the Plaintiff’s notification of rejection of renewal, and the complaint stating such declaration of intent was served on the Defendant on January 26, 2015.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 4, and the purport of the whole pleadings

2. According to the facts of the determination as to the Plaintiff’s cause of claim, the instant lease agreement was implicitly renewed on July 1, 2014.

(A) The Plaintiff asserts that the Defendant was notified of the termination of the instant lease agreement between six months and one month before June 30, 2014, which is the expiration date of the instant lease agreement. However, the Plaintiff’s assertion that: (a) written evidence No. 2 was insufficient to acknowledge it; and (b) no other evidence exists to acknowledge it). Thereafter, the Plaintiff, a lessor, was notified of the rejection of the renewal on January 26, 2015, between six months and one month before the expiration date of the instant lease agreement, which is the expiration date of the instant lease agreement.

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