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(영문) 인천지방법원 부천지원 2018.04.26 2017가단114483

건물명도(인도)

Text

1. Of the buildings listed in paragraph (2) of the attached Table 2, the Defendant each indicated in the attached Table 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Reasons

1. Facts of recognition;

A. On July 7, 2009, the Defendant entered into a lease agreement with Samyang Tech for the lease deposit of KRW 18,50,000, monthly rent of KRW 3,700,00, and the lease term of KRW 3,700,00 from July 1, 2009 to June 30, 2010, with the Defendant paid the lease deposit and received the delivery of the instant factory by paying the lease deposit.

B. On December 3, 2014, the Plaintiff merged Samyangex Co., Ltd.

C. The above A.

On June 15, 2016, the Plaintiff and the Defendant increased the rent to KRW 4,200,000 on June 15, 2016, and the lease period was changed to June 30, 2017.

(hereinafter “instant lease agreement”). D.

On May 15, 2017, the Plaintiff sent to the Defendant a certificate of content stating the refusal to renew the lease of this case, and the said certificate reaches the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the instant lease contract was terminated on June 30, 2017 upon the Plaintiff’s rejection of renewal, the Defendant is obligated to deliver the instant factory to the Plaintiff, barring special circumstances.

3. The defendant's defense was established in the factory of this case with the consent of the plaintiff, and the defendant asserts that the plaintiff's obligation to pay the purchase price and the defendant's duty to deliver the factory of this case are concurrent performance.

Accessories subject to the claim for purchase under Article 646 of the Civil Code are things attached to the building itself and are the constituent parts of the building.

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