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(영문) 부산지방법원동부지원 2020.01.15 2019가단2430
건물명도(인도)등
Text

The Defendant, as the Plaintiff

(a) deliver the buildings listed in the separate sheet;

B. From July 1, 2019, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. Lease 1 between the Plaintiff and the Defendant: (a) On July 5, 2014, the Plaintiff and the Defendant are the buildings indicated in the separate sheet (hereinafter “instant commercial building”) owned by the Plaintiff.

As to the lease deposit, the lease contract was concluded with KRW 20,00,000 per month, KRW 900,000 per month (payment on the last day of each month), and the lease term from September 1, 2014 to September 1, 2016. (2) The Defendant paid the Plaintiff KRW 20,000,000 as the lease deposit under the above lease contract, and thereafter occupies and uses the instant commercial building until now.

3) On December 1, 2016, the Plaintiff received KRW 10,000,000 out of the deposit for lease deposit for the instant commercial building from the Defendant (the Defendant returned KRW 10,000,000,000 among the deposit for the previous lease around November 29, 2016).

) A lease agreement between December 1, 2016 and November 30, 2018 (hereinafter “instant lease agreement”) is concluded between December 1, 2016 and November 30, 2018.

(B) On July 5, 2018, the Plaintiff issued to the Defendant a certificate of content that “The Plaintiff would not extend the instant lease agreement, and thus would return the lease deposit upon the expiration of the contract on November 30, 2018.”

2) On July 13, 2018, the Defendant sent each of the following certificates to the Plaintiff to the effect that “When demanding the renewal of the instant lease agreement, if the Plaintiff wants to allow son to use the instant commercial building, she would have changed the opportunity to recover the premium to the Defendant.” 3) On October 29, 2018 and November 15, 2018, the Defendant sent each of the following certificates to the Plaintiff: “Around October 29, 2018 and November 15, 2018, the Defendant would have the Defendant’s place of business receive KRW 80,000 for the premium from a new lessee and would have agreed to enter into a lease agreement with a new lessee.”

4. On November 27, 2018, the Plaintiff stated that “The Plaintiff will extend to the Defendant, a new lessee, and the Defendant at C Real Estate around November 29, 2018.”

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