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(영문) 인천지방법원부천지원 2019.05.08 2018가단16500

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 14, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with regard to the portion (a) part (a) of 18.56 square meters in a ship connected each point in sequence with the Defendant, among the five floors of the building listed in the attached list, including KRW 10,000,000 (=760,000 + value-added tax + KRW 76,000 + KRW 50,000 + KRW 50,000) and the lease agreement with the Defendant from May 31, 2018 to May 30, 2019 (hereinafter “instant real estate”).

B. The details of the instant lease agreement are as follows.

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the use or structure of the above real estate, transfer the sub-lease or offer the security, or use it for any purpose other than the purpose of lease without the consent of the lessor.

Article 4 (Termination of Contract) If the lessee fails to pay the rent for a period of two years, or if he/she violates Article 3, the lessor may terminate the contract immediately.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

[Matters of the special agreement] The matters of the special agreement and the deposit shall be succeeded, the monthly rent and the management fee shall be increased, and the period shall be extended. The present condition of the facility (such as signboards, fishing learning, number height, etc.) shall be confirmed, and the contract shall be entered into, and the other type of business shall not change.

A parking lot shall not be used. Restoration by a lessee of Article 5 shall be made up of the cleaning period.

(b) Management expenses (water charge, common electricity charge, septic tank, etc.) plus additional tax of 50,000 won per month;

C. The Defendant paid KRW 10,000,000 to the Plaintiff for lease deposit under the instant lease agreement, and received and used the instant real estate from the Plaintiff.