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(영문) 인천지방법원부천지원 2015.05.29 2014가합8737

건물명도 등

Text

1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff is the owner of each building listed in the separate sheet (hereinafter “instant real estate”). On March 17, 2015, the bankrupt debtor company company was declared bankrupt on March 17, 2015, the Incheon District Court 2015Hahap5 (201 Gohap41), and the attorney B was appointed as the trustee in bankruptcy in the above bankruptcy proceeding and taken over the instant lawsuit.

(hereinafter referred to as "the defendant" in total) of the parties before and after the taking over of the lawsuit at the same time as the moving company for convenience.

On April 1, 201, the Plaintiff entered into a lease agreement with the Defendant and the Defendant with a lease deposit of KRW 100 million, monthly rent of KRW 11 million (payment on April 1, 201), and from April 1, 2011 to March 31, 201 (hereinafter “instant lease agreement”), and delivered the instant real estate to the Defendant on the same day.

C. The Defendant’s delay in rent and the Plaintiff’s termination of the instant lease agreement, and the Defendant renewed the instant lease agreement, and the Plaintiff did not pay the rent after August 1, 2014, and the Plaintiff expressed his intent to terminate the instant lease agreement by serving a duplicate of the instant written complaint on the grounds that the overdue charge falls short of the two-term rents.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the fact that the defendant's duty to deliver the real estate of this case was acknowledged, the lease of this case was terminated by the defendant's declaration of intention to terminate the contract. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff,

In this regard, the defendant deducted the unpaid rent after the approval decision of the rehabilitation plan by the defendant, and the remaining lease deposit and the electricity fee paid by the defendant on behalf of the plaintiff shall be refunded.