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(영문) 인천지방법원 2019.10.30 2019가단202473

건물명도(인도)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 2014, the Plaintiff entered into a contract to lease a building listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff to B, and around that time, transferred the instant real estate to B.

B. In concluding a renewal contract with B on June 15, 2016, the Plaintiff entered into a lease renewal contract with a deposit of KRW 15,735,00, monthly rent of KRW 159,440 (payment by the last day of each month), and period from July 1, 2016 to June 30, 2018, and where monthly rent is in arrears for at least three consecutive months, the Plaintiff entered into a lease renewal contract with each other to allow the Plaintiff to cancel or terminate the lease contract, or refuse to renew the lease contract.

(hereinafter referred to as the “instant lease contract”) in total.

On the other hand, on September 3, 2014, B borrowed KRW 12,00,000 from C Co., Ltd. (the trade name was changed to D Co., Ltd.; hereinafter “C”), and B transferred KRW 15,00,000 to C as security (hereinafter “instant loan claims”), and notified the Plaintiff of the transfer of claims with a certificate with a fixed date.

C On December 30, 2015, transferred KRW 15,000,000, out of the instant loan claims and the instant security deposit claims, to E Co., Ltd. (hereinafter “E”), and on January 28, 2016, notified the Plaintiff of the fact of transfer of the instant loan claims to B, and on the same day, the fact of transfer of KRW 15,000,000, out of the instant security deposit claims, to the Plaintiff as a certificate with each fixed date (a certificate was drafted as of December 30, 2015).

E. B’s delay in the payment of interest on the instant loan claims to lose the benefit of the entire term of the instant loan, and E’s failure to pay a long-term monthly rent to the Plaintiff for at least three consecutive months, with the Plaintiff and B as a co-defendant, shall be the Incheon District Court.