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(영문) 인천지방법원 2016.09.21 2016가단10505

건물인도 등

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) A:

(a) deliver attached real property;

(b) 6,600,000 won; and

Reasons

1. Determination on the main claim

A. On June 2015, the Defendant entered into a contract with Plaintiff B to rent KRW 2,00,000,000, monthly rent of the instant building (hereinafter “instant building”) with the Plaintiff, and from around 29,000, the Defendant occupied the said building for the use of goods (return, etc.) storage from around June 2015.

On the other hand, Plaintiff A shared the land on the ground of the above building with Plaintiff B. However, on August 10, 2015, the same year was applicable to the above building for which approval for use was obtained on the same day.

9. 30. The registration of initial ownership was completed on the sole name of Plaintiff A.

Plaintiff

A on January 14, 2016, between the non-party D (the defendant's words) who represented the defendant, changed the lessor to the above plaintiff with respect to the building of this case, but entered into a lease agreement (the second installment) which increases the monthly rent to KRW 2.2 million (including value-added tax, and the second installment).

However, the defendant did not pay two or more rents in leasing the above building, and in the process, the above non-party did not pay the rent to the plaintiffs.

Ultimately, the Plaintiffs expressed their intent to terminate the lease contract to the Defendant through the service of a copy of the complaint of this case on the grounds of the Defendant’s nonperformance.

[Ground for Recognition: Facts without a partial dispute, A1 through 6 (including the number of partial headings; hereinafter the same shall apply)

(3) Each description and each fact inquiry result to Gyeyang-gu Office)

B. If the reason of the sales is the same, since the lease of the building of this case was lawfully terminated by the delivery of the copy of the complaint of this case on the ground of the delinquency in rent, the defendant is obligated to deliver the building to the plaintiff who is the lessor and the owner of the building.

Next, the amount of the rent in arrears as of August 29, 2016 shall be KRW 29.4 million [the aggregate amount of the rent in arrears, as of June 29, 2015 through January 29, 2016, shall be KRW 14 million (7 months and from the following day to the base date.).