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(영문) 수원지방법원성남지원 2019.11.06 2019가단215530
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver a total of 29.06 square meters of one story among the real estate indicated in the attached Form;

B. June 24, 2019

Reasons

1. Basic facts

A. On May 23, 2014, C entered into a lease agreement between C and the Defendant with the content that one floor of the real estate indicated in the attached Form C (hereinafter “instant real estate”) among the real estate indicated in the attached Form C (hereinafter “instant real estate”) was leased to the Defendant with the lease deposit of KRW 10 million, monthly rent of KRW 400,000,000, and the lease term from May 23, 2014 to May 23, 2016.

(2) On July 13, 2017, C concluded a lease agreement to lease the instant real estate to the Defendant with a deposit of KRW 10 million, monthly rent of KRW 400,000,000, and the lease term from June 23, 2017 to June 23, 2019. As the special agreement at the time, “This agreement is an extension contract due to the termination of the existing lease agreement, and the remaining conditions except for the change of the period are identical to the terms of the existing contract (from May 23, 2014 to May 23, 2016).”

(hereinafter referred to as “instant lease agreement” in total between C and the Defendant

B. On January 1, 2019, the Plaintiff acquired the ownership of the instant real estate from C, and completed the registration of ownership transfer on February 26, 2019.

C. On April 16, 2019, the Plaintiff sent a content-certified mail to the Defendant that “the Plaintiff did not intend to extend the instant lease agreement,” and sent a content-certified mail to the effect that “the Plaintiff would refuse the Defendant’s request for renewal of the contract, and thus, deliver the instant real estate by June 23, 2019,” respectively.

[Reasons for Recognition] The entry of Gap 1 to 6, and Eul 8, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, given that the lease of this case expired on June 23, 2019, the Defendant delivered the instant real estate to the Plaintiff, barring special circumstances, and unjust enrichment from June 24, 2019 to the completion date of delivery of the said real estate.

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