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(영문) 인천지방법원 2020.02.06 2019가단217710
공장인도 등
Text

1. The defendant is paid KRW 10,000,000 from the plaintiff, and at the same time, is not less than 1,327 square meters in Nam-gu Incheon Metropolitan City.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 1,327 square meters in Nam-gu Incheon Metropolitan City, and D is its father.

B. On July 6, 2010, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with regard to the land of 189 square meters in the ship connecting each point of 1,2,3,4, and 1,000 square meters in the attached drawing among the land of 1,327 square meters in the Nam-gu Incheon Metropolitan City, Incheon, and with respect to the land and above-ground buildings (hereinafter “instant real estate”), which are KRW 10 million in deposit, KRW 11 million in the tea, and the term of lease from July 10, 201 to July 9, 201.

C. On July 10, 2016, the Plaintiff and the Defendant agreed to extend the lease term of the instant lease to July 10, 2018 and to increase the rent by KRW 100,000.

On July 23, 2018, the Plaintiff sent to the Defendant a certificate indicating that the instant lease agreement was terminated by the expiration of the period on July 10, 2018, and that the instant real estate should be handed over. The said certificate was served on the Defendant on July 24, 2018.

[Ground for recognition - Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings]

2. According to the above findings of the determination on the cause of the claim, the lease contract of this case was terminated at the expiration of the term, barring any special circumstance, and the defendant is obligated to deliver the real estate of this case to the plaintiff at the same time with the payment of the lease deposit of KRW 10 million from

3. Judgment on the defendant's assertion

A. The Defendant asserts that, around November 30, 2017, the lease term of the instant lease contract was extended to five years, the Plaintiff’s agent, and the lease contract was concluded with a rent of KRW 1,450,00 (value-added tax separate), and that the lease term of the instant lease contract was not terminated.

B. In full view of the purport of the entire pleadings in each statement in the evidence Nos. 1 and 7, no dispute exists between the parties, or comprehensively taking account of the purport of the entire pleadings, the Defendant’s rent for January 2018 is KRW 1.450,000 and the rent for February 2018 from the Plaintiff, respectively. 1,595.

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