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(영문) 서울북부지방법원 2016.02.04 2015가합25314
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) is from 267,50,000 to 267,50,000 won from the Plaintiff (Counterclaim Defendant) on the attached list from February 7, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 1) On December 15, 2012, the Plaintiff: (a) on December 15, 2012, the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B) A lease is leased with a fixed term of KRW 30 million, the total amount of rent during the lease period, KRW 5.5 million, and the term of lease from February 7, 2013 to February 6, 2015 (hereinafter “instant lease”).

(2) The Plaintiff and the Defendant entered into the first lease contract on February 7, 2007, and the instant lease was concluded after four renewals.

(300 million won of the above lease deposit is increased from KRW 280 million to KRW 20 million under the lease contract concluded on December 14, 2010. (b)

On December 15, 2012, the Defendant paid to the Plaintiff the total amount of the rent reduced to KRW 5.5 million on the condition that the Plaintiff is paid the rent in a lump sum, and paid the deposit increased to the Plaintiff on February 7, 2013.

C. On December 22, 2014, the Plaintiff notified the Defendant that he/she did not wish to renew the instant lease, and the Defendant also notified the Defendant that he/she would return KRW 30 million, which is KRW 30 million, not later than January 5, 2015, on the condition that he/she would be between directors on January 3, 2015 and February 6, 2015.

On January 5, 2015, the Plaintiff returned KRW 30 million out of the lease deposit of this case to the Defendant.

【Ground of recognition】 The fact that there is no dispute, Gap’s 1, 2, 5, Gap’s 6 (the same as Eul’s 3), Gap’s 7, Eul’s 1, and the purport of the whole pleadings

2. Judgment on the issue

A. According to the fact that the legal relationship following the termination of the instant lease agreement was recognized, the lease of the instant case was terminated on February 6, 2015 after the expiration of the period.

Therefore, barring special circumstances, the defendant is obligated to deliver the real estate of this case to the plaintiff, and the plaintiff is obligated to return the unpaid security deposit to the defendant.

However, the plaintiff, as the principal lawsuit, 270 million won = 300 million won - 30 million won.

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