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(영문) 서울중앙지방법원 2017.02.09 2016가단5201244
건물명도
Text

1. The defendant shall be the plaintiff.

A. At the same time, the building indicated in the attached sheet shall be paid KRW 15,00,000 from the Plaintiff.

Reasons

1. Basic facts

A. On July 28, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 15,00,000,000 for the rent of month, KRW 1,200,000 for the rent of month (excluding value-added tax; payment on the last day of each month); and from July 28, 2014 to May 31, 2016 for the lease period (hereinafter “instant lease agreement”).

B. On July 28, 2014, the Plaintiff received the lease deposit of KRW 15,00,000 from the Defendant, and the Defendant was occupying and using the instant building on the same day after being transferred by the Plaintiff.

C. By December 31, 2016, the Defendant paid to the Plaintiff KRW 1,200,000 as of the end of each month (excluding value-added tax).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease contract was terminated on May 31, 2016, and thus, barring any special circumstance, the Defendant is obligated to receive KRW 15,000,000 from the Plaintiff to deliver the instant building to the Plaintiff as well as to pay the amount equivalent to the rent calculated by the ratio of KRW 1,20,000 per month from January 1, 2017 to the completion date of delivery of the instant building, as requested by the Plaintiff.

B. The Defendant asserts that on June 20, 2016, the Plaintiff agreed to extend the lease term for one year under the same condition as the instant lease agreement with the Plaintiff.

On June 20, 2016, Gap evidence Nos. 5-2, as shown in the defendant's assertion, is a content-certified mail sent by the plaintiff to the defendant on June 20, 2016. "In the case of reply by June 30, 2016, after affixing the company's official seal, to the same contract (two copies) to be sent in a separate registration after referring to the contract which is sealed for the good faith to close the dispute by extending the contract period of one year through a re-contract extending the contract period."

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