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Reasons
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(영문) 창원지방법원 마산지원 2018.02.01 2017가단104678
건물명도(인도)
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1. The defendant is paid KRW 20,000,000 from the plaintiff, and at the same time, the first floor of the real estate stated in the attached Table to the plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On July 23, 2012, the Plaintiff is the owner of the real estate indicated in the separate sheet, and on July 23, 2012, the Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant store”).

(2) The Defendant leased deposit amounting to KRW 20 million, KRW 1 million per month of rent, and KRW 24 million from July 23, 2012 during the lease period (hereinafter “instant lease agreement”).

(2) At the time of the instant lease agreement, the Plaintiff entered into a contract with the Defendant on July 23, 2014 to extend the instant lease agreement to 24 months until July 23, 2016, and the contract was explicitly renewed on July 23, 2016, as well as on July 23, 2016.

3) Around August 2016, the Plaintiff sent a text message requesting the Defendant to deliver the instant store in 2017. On May 16, 2017, the Plaintiff sent the content-certified mail to the Defendant and expressed an intention to increase the monthly rent of KRW 1.5 million or not to renew the instant lease agreement, as the lease agreement period has expired on July 23, 2017, and on July 23, 2017, the Plaintiff sent the content-certified mail to the Defendant. Accordingly, the Defendant sent the content-certified mail to the Plaintiff on June 19, 2017 to the effect that it is impossible to accept the Plaintiff’s demand for the monthly rent increase by sending it to the Plaintiff. [In the absence of any dispute over recognition, evidence Nos. 1-7, and the purport of the entire pleadings.

B. According to the above facts, the Plaintiff expressed his intent not to renew the lease agreement on July 23, 2017, when five years have elapsed since the lease agreement of this case was concluded, thereby raising the Plaintiff from KRW 1,500,000 to KRW 1,500,000,000, deeming that the lease contract of this case was lawfully terminated.

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