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(영문) 의정부지방법원 2015.05.08 2014가합7046
건물 및 토지인도 등
Text

1. The Defendant shall deliver each real estate listed in the separate sheet from July 31, 2014 to the Plaintiff’s KRW 70,000,000.

Reasons

1. Facts of recognition;

A. On August 22, 2006, the Plaintiff: (a) decided on August 22, 2006 to adjust each real estate listed in [Attachment List Nos. 2, 3, and 4 to the Defendant within the extent of 60,000,000, the lease deposit period from August 28, 2006 to August 27, 2014; (b) the rent is KRW 1,50,000,000 (payment on August 30, 200); and (c) the rent is set to adjust each real estate within the extent of 5% once every three years in accordance with the neighboring City Tax.

B. On September 21, 2006, the Plaintiff leased to the Defendant the real estate indicated in paragraph (1) of the attached Table No. 10,000,000, the lease deposit period from October 30, 2006 to August 27, 2014, the rent of KRW 200,000 (payment on October 30, 2006), and the rent of KRW 5% once every three years according to the surrounding market conditions.

C. Around August 2009, the Plaintiff and the Defendant agreed to increase the monthly rent of KRW 1,700,000 (the monthly rent of KRW 1,500,000 for each real estate listed in attached Table 2, 3, and 4 and the monthly rent of KRW 200,000 for each real estate listed in attached Table 1) to KRW 1,80,000. From that time, around August 2012, the Plaintiff and the Defendant agreed to increase to KRW 2,00,000 for each real estate listed in attached Table 1.

On February 20, 2014, March 26, 2014, and June 9, 2014, the Plaintiff notified the Defendant of the absence of intention to renew each of the lease agreements on each of the real estate stated in the attached Table (hereinafter “instant lease agreement”).

E. Closure of the account that the Plaintiff was paid as tea, and the Defendant was not paid as the last month of the instant lease agreement.

The defendant occupies and uses each real estate listed in the attached list until now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 11 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination as to the claim for the delivery of real estate

A. According to the above facts of determination as to the cause of the claim, the defendant shall deliver to the plaintiff each real estate listed in the separate sheet due to the expiration of the term of the instant lease agreement, except in extenuating circumstances.

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