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(영문) 인천지방법원부천지원 2019.11.08 2019가합394

건물인도

Text

1. The defendant,

A. The real estate listed in the separate sheet Nos. 1 and 2 shall be handed over to the Plaintiff, and KRW 1,000,000, and May 1, 2019.

Reasons

1. Indication of claim;

A. On June 15, 2018, the Defendant, the Plaintiff Company, each of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant factory”), and the Plaintiff Company B (hereinafter “Plaintiff Company”) determined and leased each of the real estate listed in the separate sheet Nos. 3 and 4 (hereinafter “instant secondary factory”), each of the lease deposit amount of KRW 20 million (one million shall be paid at the time of the contract, and the remainder of KRW 10 million shall be paid at the end of January and July 2019, respectively), the monthly rent of KRW 2 million (excluding value-added tax), and the lease period of KRW 10 million from August 1, 2018 to July 31, 2020.

However, from August 2018 to April 30, 2019, the Defendant’s delayed delay amount as of April 30, 2019 (i.e., the Defendant’s delayed delay amount; (ii) KRW 19 million in total until April 30, 2019; (iii) KRW 8 million in total paid by the Defendant; and (iv) KRW 10.8 million in respect of the Plaintiff Company (i.e., KRW 19.6 million in total until April 30, 2019; - KRW 8.8 million in total paid by the Defendant); and (v) the amount of rent for the Plaintiff Company exceeds the two or more periods.

Accordingly, the plaintiffs terminate each of the above lease agreements by serving a duplicate of the complaint of this case.

Therefore, the defendant should deliver the first factory of this case to the plaintiff A, and the second factory of this case to the plaintiff company respectively.

B. The remainder of the lease deposit that the Defendant did not pay in installments is not only KRW 10 million for the lease deposit that the Defendant currently paid to the Plaintiffs. If the amount of the lease deposit is deducted from the Defendant’s respective overdue rent against the Plaintiffs, the amount of the overdue rent against the Plaintiff is one million won, and the amount of the overdue rent against the Plaintiff Company remains 80 million won, respectively.

Therefore, the defendant should pay the plaintiff A KRW 1 million and KRW 800,000 to the plaintiff company.

C. Since the contract of the first and second factories of this case was terminated as above, the defendant illegally occupies the first and second factories of this case, and the defendant is the plaintiffs as rent and damages.