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(영문) 부산지방법원동부지원 2019.11.27 2018가단224141
건물명도(인도)
Text

1. From 40,00,000 won to 40,000 won, the Defendant shall draw up a separate sheet from June 21, 2019 to 1st floor of the building indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On January 14, 2014, the Plaintiff, among the first floor of the building listed in the attached list, leased to C, by setting the lease deposit amount of KRW 40,00,00,000, monthly rent of KRW 3,500,000, and the lease term of KRW 3,50,000, from January 20, 2014 to January 19, 2017.

(hereinafter referred to as “the instant lease agreement”). (b)

On November 27, 2015, the Defendant decided to succeed to the lessee status under the instant lease agreement, and prepared a lease agreement with the Plaintiff on the instant real estate. The lease deposit was KRW 40,000,00 as it is, KRW 40,000, KRW 280,000 per month for rent, and the lease term was from November 27, 2015 to January 20, 2017.

C. On January 20, 2017, the Plaintiff and the Defendant changed the term of lease under the instant lease from January 21, 2017 to January 20, 2018, and again changed the term of lease from January 20, 2018 to January 20, 2018 as KRW 3,50,000 per month, and the term of lease from January 21, 2018 to January 20, 2019.

On October 17, 2018, the Plaintiff sent a notice to the Defendant to refuse to renew the instant lease agreement, and on December 6, 2018, the Defendant sent a content-certified mail demanding the Plaintiff to renew the lease.

E. From June 21, 2019, the Defendant did not pay the Plaintiff the amount equivalent to the rent. At the time of the closing of the instant case, the Defendant occupied and used the instant real estate by the time of the closing of the argument.

【Ground of recognition】 Evidence Nos. 1 through 5, Eul Nos. 6 and 7 (including, if any, additional statements) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on October 17, 2018 by the Plaintiff’s refusal to renew the lease agreement upon the Plaintiff’s refusal to renew the lease agreement on January 20, 2019.

Therefore, barring any special circumstance, the defendant from June 21, 2019 to 40,000 won of lease deposit from the plaintiff.

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