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(영문) 인천지방법원 2019.04.30 2018가단33168

건물명도등

Text

1. The Defendant shall deliver to the Plaintiff a delivery room of 8.56 square meters in the underground room among the real estate listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On September 201, the Plaintiff leased the real estate underground floor (hereinafter “instant real estate”) indicated in the attached list to the Defendant as KRW 5 million in deposit and KRW 500,000 in monthly rent, around September 201.

However, the tenant's name in the lease contract is the co-defendant C (C). This is an agreement that the plaintiff and the defendant agreed to secure the claim against the defendant with the lease deposit.

B. The defendant used the real estate of this case from around that time, and has possessed it until now.

C. Since then, the Defendant has not yet been paid the rent of at least nine million won.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. As seen earlier, the Defendant’s failure to pay the monthly rent stipulated in the instant lease agreement at least twice is apparent in the record that the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the contract was served on November 20, 2018 on the ground that the Defendant was served on the Defendant on November 20, 2018.

According to these facts, the instant lease contract was terminated by the Plaintiff’s termination at that time.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.