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(영문) 인천지방법원 2019.07.16 2019가단6231

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate indicated in the separate sheet “real estate indication”;

(b) December 1, 2018

Reasons

1. Basic facts

A. On July 31, 2012, the Defendant concluded a lease agreement with C, the former owner of each real estate indicated in “the indication of the instant real estate” (hereinafter “instant real estate”) to lease KRW 20 million, monthly rent of KRW 1.2 million, and the period from July 31, 2012 to July 31, 2014.

With the Plaintiff’s acquisition of ownership of the instant real estate 1/2 shares, the Plaintiff and the Defendant concluded a new lease agreement with the deposit of KRW 20 million on August 16, 2014, monthly rent of KRW 1.5 million, and the period of July 31, 2017, and the said lease agreement has been explicitly renewed.

B. On July 31, 2018, the Plaintiff and the Defendant concluded a lease agreement again with the period from July 31, 2018 to July 31, 2020 by deducting KRW 11,700,000 out of the Defendant’s delayed rent from the lease deposit, and the monthly rent is KRW 1,70,000 (excluding value-added tax), and the period from July 31, 2018 to July 31, 2020.

C. Since December 2018, the Defendant did not pay the rent again, on February 25, 2019, the Plaintiff sent to the Defendant a certificate that the lease contract is terminated in accordance with Article 10-8 of the Commercial Building Lease Protection Act.

The defendant has continued to pay the rent until now.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 through 3, purport of whole pleadings]

2. According to the above facts of determination as to the cause of claim, the Defendant did not pay more than three vehicles, and the cause for termination of the lease agreement occurred pursuant to Article 10-8 of the Commercial Building Lease Protection Act, and the Plaintiff, on the ground that the lease agreement was terminated due to the Defendant’s delinquency in rent, sent a copy of the complaint in the instant case seeking delivery of the building. Thus, it can be deemed that the Plaintiff expressed its intent to terminate the lease agreement by serving the copy of the complaint in which the Plaintiff seeks delivery of the building in this case (the declaration of the termination of the lease contract sent by the Plaintiff on February 25, 2019 is unlawful as it was made before the