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(영문) 청주지방법원 2020.12.24 2020가단29934
건물인도
Text

1. The defendant shall be the plaintiff.

A. Since December 31, 2020, the Plaintiff received KRW 10,000,000 from the Plaintiff as well as attached Table 1.

Reasons

1. Determination on the cause of the claim

A. 1) On October 8, 2010, the Plaintiff indicated on the attached Form 1, 2010, and indicated on the attached Form 2, 1, 2, 3, 4, 5, 6, 7, 8, 9, 73.84 square meters in the ship connecting each point in sequence 1, 73.84 square meters in the ship (hereinafter “instant building”).

) A deposit was leased KRW 10,00,000, monthly rent of KRW 700,000, and the lease term was set on October 7, 2012 (hereinafter “instant lease agreement”).

(2) The Plaintiff and the Defendant agreed to renew the above lease agreement on January 1, 2016, and changed the monthly rent of KRW 500,000, and the lease period until December 31, 2018. Since January 1, 2019, the said lease agreement was explicitly extended every one year.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2, and Eul evidence 1

B. According to the above facts of determination, since the lease contract of this case is expected to be terminated upon the expiration of the lease term on December 31, 2020, the defendant is obligated to pay the plaintiff the lease deposit amount of KRW 10,000,000 to the plaintiff after December 31, 2020, and deliver the building portion of this case at the same time with the payment of KRW 10,000 from the plaintiff after December 31, 2020 to the delivery date of the above portion of "A" from January 1, 2021 to the delivery date of the above portion of "A".

The lawsuit of this case is a claimant for future performance, and it is difficult to expect that the defendant will return the building part of this case to the plaintiff at will until December 31, 2020, which is the termination date of the lease contract of this case, because the defendant has interfered with the opportunity to recover the premium of this case as follows, it is necessary to claim in advance.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Defendant paid KRW 100 million to the former lessee at the time of concluding the instant lease agreement with the Plaintiff, so the Plaintiff must cooperate with the Defendant so that the Defendant can recover the premium from a third party, although the Plaintiff was on April 2020.

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