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(영문) 인천지방법원 2020.02.11 2018가단268131

건물명도(인도)

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. In full view of the overall purport of evidence Nos. 1 through 8 as to the cause of the claim, the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) were the successors of E who were the owners of the building listed in the attached Table (hereinafter “instant building”) from 2000, and the Defendant was the lessee listed in the attached Form Nos. 4 (hereinafter “instant real estate”) from 2014, and from around 2014, occupied and used the attached Form Nos. 10,000, monthly rent of KRW 1,100,000 (including value-added tax) among the instant building; the Defendant did not pay the following amounts from May 2018; the Plaintiffs notified the Defendant of the termination of the lease on October 24, 2018; the Defendant could recognize the fact that the instant real estate was transferred to the Plaintiffs on November 9, 2019.

Thus, the defendant is obligated to pay KRW 1,100,000 to the plaintiff (appointed party) unless there are special circumstances.

The plaintiff (Appointed Party) has filed a claim for the delivery of the real estate of this case, but since the real estate of this case has already been delivered to the plaintiff (Appointed Party), the claim for delivery is dismissed.

2. On February 9, 2018, the Defendant asserted that, as the instant real estate was flooded on February 9, 2018, the damage amounting to KRW 2,825,00 due to suspension of business, KRW 3,00,000 due to damage to tax evidential documents and construction works, and KRW 15,825,00 in physical and mental damage amounting to KRW 10,00 in total, and KRW 10,000 due to physical and mental damage, the Defendant suffered damage, as well as KRW 15,825,00 in total, due to the lack of any measure, even if the Plaintiff, who is the lessor, demanded compensation for damage, and thus, the Defendant’s claim for damages and overdue rent

Comprehensively taking account of the written evidence Nos. 1 and 2, witness G testimony and the overall purport of oral argument, the water supply management of the toilets of the third floor of the instant building on February 9, 2018 was removed.