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(영문) 서울남부지방법원 2020.11.04 2020가단204272
건물인도
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On January 23, 2015, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 100 million, monthly rent of KRW 4.7 million, and the term of lease from April 30, 2015 to April 30, 2018 (hereinafter “instant lease agreement”) with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), and delivered the said real estate to the Defendant around that time.

B. On December 3, 2017, the Plaintiff sent to the Defendant the text messages indicating whether a contract was extended on March 2018, 2018. On December 14, 2017, the Plaintiff sent to the Defendant the text messages indicating the plan to adjust the rent if extended. On December 14, 2017, the Plaintiff and the Defendant sent to the Defendant the text messages requesting that the rent be set at KRW 6 million per month by increasing the rent by KRW 1.3 million. However, on December 29, 2017, the agreement on rent was not reached.

C. On December 29, 2017, the Plaintiff sent text messages to the Defendant that it may agree to conclude an extension contract of KRW 5,200,000,000,000 to the Defendant. On January 30, 2018, the Plaintiff sent text messages to the Defendant that if the Plaintiff was extended, the Plaintiff would increase only KRW 3,00,000,000 and enter another person, the monthly rent would be KRW 5,100,000,000,000,000,000,000,000.

On February 27, 2018, the Defendant sent the Plaintiff a text message stating that 200,000 won should be reduced, and on February 28, 2018, the Plaintiff sent to the Defendant a text message to the effect that 200,000 won should be increased, and on March 7, 2018, sent a text message stating that 20,000 won should be increased to the Defendant.

E. On March 13, 2018, the Defendant demanded renewal of the contract. On March 14, 2018, the Plaintiff sent a text message to the effect that the contract will be extended by one year on March 14, 2018.

F. On June 12, 2018, the Plaintiff requested the Defendant to increase the rent, but did not pay the rent increase since April 10, 2018, and thus, the amount of rent increase, including the overdue charge, would be deducted from the rent deposit.

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