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(영문) 인천지방법원 2020.06.05 2019가단27153

건물인도

Text

1. The Plaintiff:

A. The Defendants jointly deliver the buildings listed in the separate sheet;

B. Defendant B shall on December 1, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

On July 2014, the Plaintiff entered into a lease agreement with Defendant B and the instant building with a deposit of KRW 500,000,000 per month, monthly rent of KRW 50,000 per month, and two years of lease period (hereinafter “instant lease agreement”).

Defendant B paid a deposit of KRW 500,000 to the Plaintiff and received the instant building at that time.

B. From December 4, 2014 to October 17, 2016, Defendant B paid to the Plaintiff totaling KRW 1.2 million under the name of the rent.

C. Around April 2018, the Plaintiff notified Defendant B of the purport that the Plaintiff’s delayed the payment of rent and thus, the Plaintiff’s restoration to the original state prior to the contract is difficult, as the rent is considerably smuggling.

around April 2018, Defendant C received the power of delegation from Defendant B on the instant lease agreement, and found the Plaintiff and paid the Plaintiff a monthly lease agreement in full, and paid KRW 500,000 to the Plaintiff as security deposit.

Afterward, Defendant C paid to the Plaintiff KRW 200,000,000 on June 5, 2018, and KRW 200,000 on December 4, 2018.

At present, Defendant C occupies the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 6, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the instant lease agreement was remarkably terminated on November 4, 2019, since the Plaintiff’s intent to terminate the instant lease agreement was served on Defendant B on November 4, 2019, and the instant lease agreement was remarkably terminated on November 4, 2019.

Therefore, Defendant B is a lessee of the instant lease agreement, and Defendant C is jointly obligated to deliver the instant building to the Plaintiff as the possessor of the instant building.

B. Meanwhile, the Plaintiff is the rent from August 1, 2014 to Defendant B.