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(영문) 인천지방법원부천지원 2020.02.07 2019가단9066

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From August 31, 2019, 1,640,000 won and above.

Reasons

1. Facts of recognition;

A. On October 31, 2016, C leased real estate stated in the order to the Defendant the deposit amount of KRW 4,00,000, and KRW 370,000 on the 31st day of each month in advance. The term of existence was fixed from October 31, 2016 to April 29, 2018, and the said lease was implicitly renewed.

B. Meanwhile, on April 13, 2018, C sold the said real estate to the Plaintiff and accordingly sold the said real estate to the Plaintiff.

5. 25. Around that time, the Plaintiff agreed with C and the Defendant to accept the status of C’s lessor.

From January 2019, the Plaintiff agreed with the Defendant to raise the rent of KRW 450,00.

C. On October 8, 2019, the instant warden, stating that the Plaintiff terminated the lease on the grounds of the Defendant’s delinquency in rent, was served on the Defendant on October 8, 2019.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3, 4, and the purport of the whole pleading

2. The assertion and judgment

A. According to the above findings of the determination as to the cause of the claim, the above lease was lawfully terminated.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff a sum of KRW 370,00,000 for each rent of December, 2018, and KRW 450,00 for each rent of June and July 2019, and KRW 1,640,000 for each rent of KRW 450,00 for each month from August 31, 2019 to the completion date of delivery of the said real estate.

B. The Defendant’s assertion 1) argues that the Defendant agreed to raise the rent of KRW 450,00 between the Plaintiff and the Plaintiff only for six months, but in light of the circumstance that the Defendant stated that the application for the resumption of argument filed on October 8, 2019 was KRW 450,000 per month, the Defendant’s assertion is sufficiently acceptable, as it can be sufficiently recognized that all rent of KRW 450,000 after January 2019 between the Plaintiff and the Plaintiff agreed to raise the rent of KRW 450,00,000, the above assertion is not acceptable.