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(영문) 서울중앙지방법원 2018.06.12 2017가단80340
건물명도 청구의 소
Text

1. The Plaintiff:

A. Defendant B shall receive KRW 5,000,000 from the Plaintiff, and at the same time, shall be the real estate listed in the attached Table.

Reasons

1. On April 10, 2010, the Plaintiff entered into a lease agreement with Defendant B with the terms that the lease deposit amount of KRW 5,00,000, monthly rent of KRW 400,00, and the lease term of KRW 30,00,00 among the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant lease agreement”) was leased at the 30th day of each month from April 30, 2012, and KRW 50,000,000 among the lease deposit amount of KRW 1,2,7,8, and 15,000 among the real estate listed in the separate sheet owned by the Plaintiff, and received each payment of KRW 30,00,000 among the lease deposit on the same day, and KRW 30,50,000,000 from the same day.

On the same day, upon the request of Defendant B, the Plaintiff drafted a lease agreement with the same licensed real estate agent D as the lessee with regard to the instant store. From the 30th of the same month, D runs real estate brokerage business under the name of E Licensed Real Estate Agent Office at the instant store, and Defendant C is the brokerage assistant.

Although the lease contract of this case was set on April 30, 2016, the Plaintiff was implicitly renewed by April 30, 2017 due to the Plaintiff’s failure to notify the Defendant B of the refusal to renew the lease between six months and one month before the expiration of the lease term. From April 2016, the monthly rent was increased by 450,000 won. On April 30, 2017, the Plaintiff was implicitly renewed by April 30, 2018 due to the Plaintiff’s failure to give notice of the refusal to renew the lease even though the lease term had lapsed.

On the other hand, around December 15, 2010, the Plaintiff sent to Defendant B a notice of the demand for the surrender of a building indicating the intent to refuse the renewal, which was returned and failed to reach Defendant B.

On September 28, 2017, before the expiration of the renewed lease term, the Plaintiff terminated the instant lease contract to Defendant B by serving a copy of the complaint of this case on September 28, 2017. The Plaintiff expressed his/her intention to seek the surrender of the instant building and the payment of overdue rent.

Defendant B did not pay the monthly rent from April 1, 2018.

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