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(영문) 서울중앙지방법원 2020.04.21 2019가단5070144
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) received KRW 150,000,000 from the Plaintiff (Counterclaim Defendant) and simultaneously entered in the separate sheet.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

On February 27, 2014, the Plaintiffs entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 150,000,000 for the real estate No. 140.5 square meters (hereinafter “instant store”) on the first floor among the real estate listed in the separate sheet owned by the Plaintiffs (hereinafter “instant building”). On April 2, 2015, the Plaintiffs entered into an agreement with the Defendant to change the rent of KRW 6,60,000 from March 17, 2016 to KRW 6,60,000 (hereinafter “instant lease agreement”).

The main contents of the instant lease agreement are as follows.

- Article 2 (Lease Period) (1) The lease period shall be from March 17, 2014 to March 16, 2019.

The extension or re-contract of a lease contract shall be governed by the intent of the plaintiffs, and if the defendant does not establish an extension or re-contract, he/she shall order the plaintiffs immediately after the expiration of the lease contract.

(2) When the defendant intends to extend or renew the lease contract, he/she shall request the plaintiffs in writing three months before the expiration of the contract.

- When the contract expires under Article 4 or the contract is terminated under Article 3, the defendant shall restore the leased object at the expense of the defendant at the request of the plaintiffs, and the defendant shall not raise an objection even if the amount of restoration work expenses determined by the plaintiffs is deducted from the defendant's deposit.

(Restoration to the original state means at the time of construction of the first building. However, in the event that the plaintiffs do not demand, the defendant shall return the leased object at that time, but the defendant may not claim against the plaintiffs the costs of the facilities.

The Plaintiffs, as to the instant real estate on April 1, 2014, (150,000 won for lease on a deposit basis due to the Seoul Central District Court’s receipt of the Seoul Central District Court Decision 77182, Feb. 27, 2014; (2) the scope of the instant store; and (3) the duration of the instant store until March 16, 2019.

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