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(영문) 인천지방법원 부천지원 2018.04.20 2017가단117468
건물명도(인도)
Text

1. The defendant shall display 1,2,3,4,5,6, and 1 of the attached Form No. 1 among the 1 floor of the building listed in paragraph 1 of the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 27, 2010, the Defendant entered into a lease agreement with Nonparty C Co., Ltd. and the building listed in Paragraph (1) of the Disposition (hereinafter “instant factory”) with the terms of the lease deposit of KRW 30,000,000, monthly rent of KRW 6,200,000, and the term of the lease from June 1, 201 to June 30, 201. Accordingly, the Defendant received the delivery of the instant factory by paying the lease deposit.

B. On December 3, 2014, the Plaintiff merged C with another corporation.

C. While the Defendant used the instant factory following the renewal of the lease agreement stated in the foregoing paragraph, on June 15, 2016, the Plaintiff entered into a lease agreement (hereinafter “the lease agreement of this case”) with the Defendant, setting the lease deposit amount of KRW 30,000,000 (in lieu of an existing lease deposit), monthly rent of KRW 6,200,000, and the lease term of the instant factory from July 1, 2016 to June 30, 2017.

On May 15, 2017, the Plaintiff sent to the Defendant a certificate of content indicating the declaration of refusal to renew the lease of this case, and the said certificate reaches the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. The parties' assertion

A. 1) The Plaintiff’s assertion 1) Since the lease of this case terminated by the Plaintiff’s notice of rejection of renewal, the Defendant is obligated to deliver the instant factory to the Plaintiff. 2) Preliminaryly, the lease of this case was renewed.

Even if the Defendant terminated the instant lease on the ground that he did not pay the Plaintiff rent after July 1, 2017, the Defendant is obligated to deliver the instant factory to the Plaintiff.

3) Since July 1, 2017, the instant lease deposit was fully deducted from the Defendant’s overdue rent or unjust enrichment and unpaid management expenses equivalent to the overdue rent and unpaid management expenses. (B) The Defendant’s assertion 1) The Plaintiff made the instant lease deposit to the Defendant.

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