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(영문) 서울동부지방법원 2017.11.30 2017가합105973
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. 20,800,000 won from the Plaintiff (Counterclaim Defendant).

Reasons

On January 1, 2012, the plaintiffs asserted that the part concerning the plaintiffs' claim for delivery of the building was to lease the building indicated in the separate sheet (hereinafter "the building in this case") to the defendant on the following grounds: (a) the building was delivered to the defendant on the following grounds; and (b) the lease agreement remains in force under a lease agreement with no term fixed because the contract was implicitly renewed; (c) on September 30, 2016, the above lease agreement was terminated on the date six months elapsed since the plaintiffs notified the termination of the above lease agreement.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiffs at the same time receiving 20.8 million won, which is the amount after deducting overdue rent, etc. from 80 million won of the lease deposit under the above lease agreement.

The Defendant Plaintiffs agreed to guarantee the term of lease to the Defendant at least ten years at the time of entering into the above lease agreement.

Even if there was no such agreement, if the defendant and the plaintiffs did not raise any objection, they agreed to automatically conclude a renewal contract with the lease term of two years in relation to the above lease term, and thus, the renewal contract was concluded on January 1, 2014 and January 1, 2016, and the lease term was extended until December 31, 2017.

Therefore, since the above lease contract has not yet expired, the defendant is not obligated to deliver the building of this case to the plaintiffs.

On January 1, 2012, the Plaintiffs entered into a contract with the Defendant, separately from the monthly rent (hereinafter “instant lease contract”). On January 1, 2012, the Plaintiffs leased the instant building to the Defendant for two years from January 1, 2012 to December 31, 2013, setting the lease deposit amount of KRW 80 million, monthly rent of KRW 6 million, and the lease period of KRW 2 million from January 1, 2012 to December 31, 2013, and the monthly management fee of KRW 8 million was paid separately from the monthly rent (hereinafter “instant lease contract”). The Defendant received the instant building from the Plaintiffs around that time, from the date on which the instant building was delivered to the date

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