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(영문) 인천지방법원 2017.12.22 2017가합2010

건물인도등

Text

1. The Plaintiff:

A. The Defendants shall jointly prepare the annexed list 2 among the real estate listed in the annexed list 1(1).

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet No. 1.

나. 원고는 2016. 10. 25. 피고 B와 사이에 별지1 목록 제1항 기재 부동산 중 별지2 목록 기재 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 1,652.9㎡ 부분 및 별지1 목록 제2항 기재 부동산(이하 ‘이 사건 각 부동산’이라고만 한다)에 관하여 임대차보증금 20,000,000원, 차임 월 2,750,000원(부가가치세 포함, 매월 1일 후불로 지급), 임대차기간 2016. 11. 1.부터 2018. 10. 31.까지로 정한 임대차계약을 체결하였다.

C. At the time of the conclusion of the above lease agreement, the Plaintiff and Defendant B determined that the lessor may terminate the contract without any condition at the time of delinquency to reach the amount of rent for the three-year period of time.

In settling the unpaid rent, etc. around April 10, 2017, the Plaintiff and Defendant B decided to change the rent from April 10, 2017 to KRW 3,080,00 (including value-added tax, and payment in the ten-day after October 25, 2016) among the terms and conditions of the above lease, and entered into a new lease agreement retroactively from October 25, 2016.

In addition to the above lease contract and the revised lease contract, "the lease contract of this case" is "the lease contract of this case.

E. According to the instant lease agreement, Defendant B paid the difference between November 1, 2016 and May 10, 2017 while occupying, using, and earning profit from each of the instant real estate, but did not pay the difference thereafter.

F. On August 11, 2017, the Plaintiff sent a content-certified mail containing a declaration of intent to terminate the instant lease agreement on the grounds that Defendant B was in arrears with three (3) occasions. On August 14, 2017, the Plaintiff filed the instant lawsuit against the Defendants, and expressed his/her intent to terminate the instant lease agreement on the grounds of at least three (3) overdue delay by serving a copy of the complaint on the Defendants, and on August 23, 2017, the duplicate of the instant written complaint to the Defendant B.