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(영문) 서울동부지방법원 2021.01.08 2020가합100244
건물인도
Text

All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 2014, the Plaintiffs entered into a lease agreement with the Defendant and the instant real estate with a deposit of KRW 50 million per month, KRW 2.6 million per month (a value-added separate; hereinafter the same shall apply), term of lease from November 17, 2014 to November 17, 2016 (hereinafter “instant lease agreement”). From January 2018, the amount of KRW 2.8 million per month was increased.

B. On October 15, 2019, the Defendant demanded the Plaintiff to renew the instant lease agreement. On October 16, 2019, the Defendant sent to the Plaintiffs a certified mail that demands the renewal of the contract pursuant to Article 10 of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

Plaintiff

A expressed his/her intent to accept a renewal request on October 21, 2019 on the condition that the deposit and rent for lease will be increased, and the defendant sent his/her reply on October 23, 2019 that the demand of the plaintiffs to increase the lease deposit and rent would not be accepted.

(c)

Plaintiff

On November 11, 2019, A sent to the Defendant a text message stating that the term of the lease deposit amounting to KRW 50 million, KRW 2.8 million per month, and the term of the lease shall be fixed from the delivery date to November 17, 2020, and the term of the lease shall be renewed on January 30, 2018, under the terms and conditions that the lease contract shall be renewed, “A” (the evidence No. 3; hereinafter referred to as the “instant contract”) was written and sent to the Defendant on January 30, 2018.

Accordingly, on November 14, 2019, the defendant sent to the plaintiff A the answer that the contract of this case was not entered into in this paper and that there was no fact, and on November 2019, the defendant filed a complaint with the plaintiff A for the charge of forging the private document and exercising the above investigation document.

(d)

On November 27, 2019, the Plaintiffs need not renew the contract to the Defendant on November 27, 2019, given that the Defendant’s criminal accusation, etc. has broken the mutual trust relationship.

This case’s real estate is to be restored to its original state by November 17, 2020 upon the termination of this lease agreement.”

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