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(영문) 인천지방법원 2016.09.06 2016가합1980

건물명도

Text

1. The defendant shall be the plaintiff.

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

(b) An annexed list from July 28, 2016.

Reasons

1. Indication of claim;

A. On March 1, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease each real estate listed in the separate sheet owned by the Plaintiff as the lease period from March 1, 2016 to February 28, 2018, the lease deposit is KRW 30,000,000, and the rent is KRW 4,60,000 (excluding value-added tax).

B. After receiving each real estate listed in the separate sheet from the Plaintiff, the Defendant did not pay rent and value-added tax until now, and is also unpaid electric rates (1,186,970 won for March, 1,181,850 won for April, and 880,980 won for May).

C. The Defendant’s lease deposit amount of KRW 11,640,200 is deducted from KRW 30,000 to May 2016, 2016, including the sum of KRW 18,359,800, including rent, value-added tax, and electricity charges, and KRW 11,640,200, including rent, value-added tax, and anticipated electricity charges (cost 1,059,933 per month based on the average value of the electricity charges for March or May) until July 27, 2016.

The Plaintiff expressed to the Defendant that the lease contract is terminated on the ground of rent delay for at least two years by serving a duplicate of the complaint of this case.

E. Therefore, the Defendant is obligated to deliver to the Plaintiff each real estate listed in the separate sheet, and to return the amount at the rate of KRW 6,19,933 per month from July 28, 2016 to the completion date of delivery of each real estate listed in the separate sheet, due to the deduction of rent, value-added tax, electricity fee, etc., from July 28, 2016 to the date following the expiration date of delivery of each real estate listed in the separate sheet.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;