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(영문) 인천지방법원 2017.12.15 2017가단210111
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Three floors of the ground reinforced concrete structure (refinite concrete roof) in Yeonsu-gu Incheon;

Reasons

1. Facts of recognition;

A. On September 27, 2016, the Plaintiff leased all the first floor and the first underground floor (hereinafter “instant real estate”) out of the ordered buildings to the Defendant, with the lease deposit of KRW 70 million, KRW 660 million per month (including value-added tax, and payment from January 12, 2017), and the period of November 21, 2016 or November 20, 2021, and received KRW 60 million from the Defendant.

B. The Defendant received the instant real estate from around that time, and continuously occupied and used the instant real estate until the closing date of the argument, but did not fully pay to the Plaintiff that it was an agreed tea.

C. On April 1, 2017, the Defendant, following the completion of construction on June 1, 2017, concluded that the Plaintiff will commence the limited-scale business on the instant real estate after the completion of construction, and that KRW 10 million out of the unpaid lease deposit and KRW 12 million out of the overdue rent after January 12, 2017 should be paid until June 30, 2017, and if the Defendant fails to perform this, the Defendant agreed to waive the existing facilities and immediately withdraw them.

However, as the Defendant did not implement the above agreement, the Plaintiff and the Defendant confirmed each other that the lease deposit of KRW 10 million was unpaid until July 23, 2017, and the rent of KRW 1.8 million after January 12, 2017, and the electricity and water rate of KRW 1.8 million. In addition, the Defendant agreed to deliver the existing lease facility to the Plaintiff without any condition if the said content is not fulfilled. In addition, the Defendant paid the Plaintiff KRW 16 million, out of the money that the Defendant agreed to pay the first priority by June 30, 2017, and paid the remainder of the arrears by August 30, 2017 and September 30, 2017.

E. However, the Defendant paid only KRW 10 million to the Plaintiff the aforementioned unpaid lease deposit.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, 5, 7, Gap evidence 3-1, 2, 3, and Gap evidence 6-3, and the purport of the whole pleadings

2. The Defendant’s failure to pay the overdue rent and the unpaid amount of electricity and water supply charges, among the terms and conditions agreed on July 23, 2017.

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