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Reasons
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(영문) 서울중앙지방법원 2020.05.22 2018가합564606
건물명도(인도)
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1. The Plaintiff (Counterclaim Defendant) paid KRW 63,460,968 to the Defendant (Counterclaim Plaintiff) and its amount from October 1, 2018 to May 22, 2020.

Reasons

1. Basic facts

A. On November 1, 2013, the Plaintiff entered into a lease agreement with the Defendant and Seoul Jung-gu Seoul, D, E, F, G, H, I, J,K, L land and E, F, and building on the ground of J, with the terms of KRW 1,00,000,000,000,000 for the lease deposit, monthly rent of KRW 43,870,000 for the rent (excluding value-added tax) and the term of lease from November 1, 2013 to October 31, 2015 (hereinafter “instant first lease agreement”).

The main contents are as follows:

Article 3 (Period of Lease) (1) The term of lease of this Agreement shall be from November 1, 2013 to October 31, 2015 (24 months), but the term of lease shall be deemed to have been automatically renewed for one year under the same conditions as this Agreement unless the lessor or the lessee expresses in writing his/her intention to terminate or modify the contract to the other party one month before the expiration of the term of lease.

Article 13 (Cancellation and Termination of Contract) (1) In cases where the other party falls under any of the following subparagraphs, the terms "leased" or "Lessee" may immediately cancel or terminate this contract with written notice without any separate peremptory notice, and may claim damages therefrom against the other party:

4. When the land or building in question is incorporated into a public project as a result of an urban planning project and the land or building compensation is notified, the term of this contract shall be automatically terminated, and the lessee shall immediately order to do so;

B. On June 7, 2014, the Plaintiff entered into a lease agreement with the Defendant and the Jung-gu Seoul Metropolitan Government M, N,O land and M, and N ground buildings (excluding value-added tax) with the terms of KRW 18,190,000 per month (excluding value-added tax) and the term of the lease from June 7, 2014 to October 31, 2015 (hereinafter “instant secondary lease agreement”).

The main contents are as follows:

Article 3 (Term of Lease) (1) The term of lease of this Agreement shall be from June 7, 2014 to October 31, 2015 (16 months), and the term of lease shall be from June 7, 2014 to October 31, 2015 to the other party.

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