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(영문) 인천지방법원 2018.11.01 2018가단219702

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B’s building from 13,500,000 to 13,500,000, as indicated in the separate sheet from April 1, 2018.

Reasons

1. Facts of recognition;

A. On November 19, 2016, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 20,000,000, and the lease term of KRW 1,300,000 (payment on the first day of each month) from November 30, 2016 to November 29, 2018. Defendant C and D, as Defendant B’s person living together with Defendant B, are residing in the instant building.

B. Defendant B paid only rent corresponding to the rent by October 1, 2017, and did not pay that amount corresponding to the subsequent portion.

C. On June 1, 2018, the instant warden, which contained an expression of intent to terminate the instant lease agreement on the grounds of two or more overdue payments, was served on Defendant B.

[Ground of recognition] Defendant B: No dispute exists, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings, defendant C and D: Article 208(3)3 of each Civil Procedure Act (by service by public notice)

2. According to the facts of the above recognition, Defendant B received money calculated by deducting the amount of KRW 13,500,000 from the Plaintiff (20,000,000 for lease deposit - 6,500,000 for overdue rent from November 1, 2017 to March 1, 2018) at the rate of KRW 1,30,000 for each month from April 1, 2018 to the completion date of delivery of the instant building; and Defendant C and D are obligated to withdraw from the instant building.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.