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(영문) 인천지방법원부천지원 2015.09.15 2014가단52799
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, and 1.

Reasons

1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 and 2:

On April 12, 2010, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 5,00,000, monthly rent of KRW 400,00 (payment on April 24, 201), and from April 12, 2010 to April 24, 2012 (hereinafter “instant lease agreement”) with regard to the portion (Ga) size of 46.4 square meters in the attached drawings among the real estate listed in the attached list (hereinafter “instant store”).

B. The Defendant paid the leased deposit to the Plaintiff and received the delivery of the said store, and up to now, operates the said store with the mutual recognition of “C”.

C. The Defendant paid the Plaintiff the rent up to the part of August 201, and did not pay the rent after September 201, 201, and thus, the Defendant was in arrears at KRW 16,00,000 in total as of December 24, 2014 (=400,000 per month x 40 months).

On September 23, 2011, a copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of delinquency in rent after the Defendant was served on the Defendant on May 23, 2015.

2. According to the above facts finding as to the cause of the claim, since the instant lease contract was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s default on rent, barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiff, and to pay the Plaintiff the unpaid rent of KRW 16,00,000 and the amount equivalent to the monthly rent of KRW 400,000 from December 25, 2014 to December 25, 2014.

3. The defendant's defense, after obtaining consent from the plaintiff's mother D, spent a total of 11,270,000 won, to remove the existing facilities of the store of this case and the above store.

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