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(영문) 인천지방법원 2018.04.25 2017가단207382
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant C shall leave the real estate listed in the separate sheet, and Defendant B shall leave the real estate from Plaintiff 13,541.

Reasons

1. Determination as to the cause of claim

A. 1) D is a real estate listed in the separate sheet owned by Defendant B and D on June 15, 2015 (hereinafter “instant real estate”).

) As to the lease deposit, the lease agreement was concluded with the term of KRW 20 million, monthly rent of KRW 1.1 million (including additional tax, subsequent payment), and the term from July 2, 2015 to July 1, 2017 (hereinafter “instant lease agreement”).

(2) Under the instant lease agreement, Defendant B paid KRW 20 million to D, and the instant real estate was handed over to Defendant C and operated a restaurant in mutual name.

3) On December 15, 2015, D died and completed the registration of ownership transfer in the future of the Plaintiff on the instant real estate due to inheritance by consultation and division, and comprehensively transferred the status of the lessor of the instant lease agreement. 4) Thereafter, Defendant B delayed the payment of monthly rent and caused the amount to KRW 4,400,000 to KRW 4,000.

Accordingly, around December 7, 2016, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground of the delinquency in paying two or more rents.

5) Meanwhile, even after being notified of the termination of the instant lease agreement, the Defendants paid the Plaintiff the amount equivalent to the rent set forth in the instant lease agreement several times to the Plaintiff while running a restaurant on the instant real estate. The amount equivalent to the rent unpaid by Defendant B as of the date of closing the argument in the instant lease agreement shall be calculated as KRW 6,458,064 [=1,10,000 x 958,064 x 5 months x 1,000 x 27 days x 27 days / 31 days , and thus, the amount equivalent to the rent for the last month from March 2 to April 1, 2018 (2 to March 28, 2018) / 31 (Evidence 2, 2018) (Evidence 1 to 4, 2018). Each of the grounds for recognition and evidence No. 1 to 98, 1-1, 2018).

B. According to the above facts of recognition, the instant lease agreement was lawfully terminated on or around December 7, 2016.

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