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(영문) 인천지방법원 2015.01.08 2014가단32747

건물명도등

Text

1. The defendant delivers the building indicated in the attached list to the plaintiff, and on November 1, 2013 to the time of delivery of the above building.

Reasons

1. Basic facts

A. On August 5, 2013, the Plaintiff concluded a lease agreement with the Defendant, setting the lease deposit amount of KRW 50,000,000, and the lease term of KRW 3,200,000 from September 30, 2013 to September 29, 2015.

The Plaintiff and the Defendant agreed that the Plaintiff may immediately terminate the said lease contract in the event that the Defendant fails to pay the rent more than twice consecutively.

B. The Defendant did not pay the Plaintiff the monthly rent after November 2013.

C. On March 3, 2014, the Plaintiff expressed to the Defendant that the said lease contract will be terminated due to the delay of rent, and the said declaration of intent is identical.

3. 5. The defendant was served.

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

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to deliver the building indicated in the attached list to the Plaintiff and pay the Plaintiff money at the rate of KRW 3,200,000 per month from November 1, 2013 to the delivery of the said building.

3. As to the judgment of the defendant's assertion, the defendant, C, D, and E managed as a joint representative director of the defendant company, and C filed a complaint by interfering with the business affairs of the defendant company, and the defendant asserts that he would pay the unpaid rent if the defendant would normally manage the company. Thus, the defendant's argument alone cannot be said to have no obligation to deliver the building to the defendant and the obligation to pay the rent. Thus, the defendant's above argument is without merit.

4. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.