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(영문) 인천지방법원부천지원 2015.05.29 2015가단5110

건물인도등

Text

1. The defendant shall be the plaintiff.

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

(b) from October 18, 2014, KRW 9,59,345 and KRW 9,00.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant real estate that completed the registration of ownership transfer on August 10, 2007 on the real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendant is the person who entered into a lease agreement with the Plaintiff on the instant real estate as follows:

B. On February 18, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting forth a deposit of KRW 10,000,000 for the instant real estate, KRW 2,000 for the rent, KRW 846,00 for the maintenance expenses, and the lease period of KRW 846,00 for the maintenance expenses, from February 18, 2014 to February 17, 2015, and the special terms and conditions of the agreement, stating that “The lease agreement shall be terminated when one month is overdue” (hereinafter referred to as “instant lease agreement”), and delivered the instant real estate to the Defendant on the same day.

C. After concluding the instant lease agreement, the Defendant paid only a part of the rent or management fee, and the sum of the rent or management fee in arrears was 19,59,345 won as of October 31, 2014.

On November 5, 2014, the Plaintiff sent to the Defendant a content-certified mail containing the intent to terminate the instant lease agreement on the grounds of delinquency in rent, and the said mail was delivered to the Defendant on the following day.

E. Around November 2014, the Defendant discontinued the business that was pending in the instant real estate, but, even before the conclusion of the instant pleadings, left the house and fixtures owned by the Defendant on the instant real estate as they were and did not return the keys.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is in arrears with the rent stipulated in the instant lease agreement, and the Plaintiff’s expression of intent to terminate the instant lease agreement on the grounds thereof can be acknowledged as having reached the Defendant on November 6, 2014, barring any special circumstances. Thus, the instant lease agreement is concluded, barring special circumstances.