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(영문) 인천지방법원 부천지원 2017.01.11 2016가단24705

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) out of the first floor of the real estate listed in the separate sheet, the indication of the separate sheet (i.e., Sheet, ar, ar, and (i).

Reasons

1. Facts of recognition;

A. On April 28, 2015, the Plaintiff leased the part of “A” (hereinafter referred to as “instant store”) indicated in the order on the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant building”) to the Defendant as of April 28, 2015, with the deposit amount of KRW 5 million, KRW 350,000 per month (payment on April 24), and the period from April 25, 2015 to April 24, 2017.

B. Around that time, the Defendant did not pay the rent from February 25, 2016 while occupying and using the instant store upon delivery.

The amount of KRW 700,000 paid by the Defendant for the toilet construction of the instant store was appropriated for two-month rent before February 25, 2016.

Before that, the defendant paid the difference of eight months.

Ultimately, the defendant paid the rent for ten months from April 25, 2015 to February 24, 2016.

C. The Plaintiff expressed his intent to terminate the lease agreement with the Defendant on the grounds of the delinquency in rent through the instant complaint, and the duplicate of the complaint was served on November 21, 2016 to the Defendant.

On November 21, 2016, the Plaintiff transferred the ownership of the instant building to C.

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

2. According to the above facts of determination, since the lease agreement between the plaintiff and the defendant was lawfully terminated, the defendant delivered the store of this case to the plaintiff, and even if the plaintiff transferred the ownership of the leased object to a third party, the plaintiff may seek the return of the leased object against the defendant in accordance with the lease agreement.

However, if the defendant legally concludes a lease contract with the new owner and possesses the leased object, it would be possible to refuse to return the leased object to the plaintiff.

From February 25, 2016 to November 20, 2016, 3,454,838 won (=3,150,000 won + 304,838 won (=350,000 won + 350,000 won x 9 months)) for the 27th day of September or from November 20, 2016. The obligation to pay the 304,838 won (=350,00 won x 27/31 month).

3. The plaintiff's reasons are the same as the conclusion.