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(영문) 인천지방법원 2020.05.19 2019가단261151
건물인도
Text

1. The defendant shall deliver the buildings listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On October 28, 2002, the Plaintiff leased all three floors of the Dho Commercial Building in Michuhol-gu Incheon, Michuhol-gu, Incheon, to the Defendant with the lease deposit of KRW 10 million, monthly rent of KRW 750,000,000, and the period of KRW 750,000,000 for one year, each year, has been renewed.

In the middle, monthly rent is KRW 50,000,000,000.

B. The Defendant is in arrears from April 2019 to April 21, 2019 as of the date of the closing of argument (see April 21, 2020).

C. On August 8, 2019, the Plaintiff sent to the Defendant a written termination notice stating that the lease contract will be terminated at a three-year period of delay in rent, by content-certified mail.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 through 5, purport of whole pleadings]

2. According to the allegations and the above facts of recognition, the lease of this case amounted to the Defendant’s delayed rent of three years, and on this ground, the Plaintiff expressed his intention to terminate the lease, which was lawfully terminated in accordance with Article 10-8 of the Commercial Building Lease Protection Act.

① The Defendant asserts that: (a) the owner of the instant building is neither the Plaintiff nor two, and (b) the Plaintiff is not eligible to pay more than KRW 100,000,000,000,00 than the two stories of the same horizontal number is inconsistent with equity; and (c) the Plaintiff is obliged to receive the premium and pay expenses invested in the artificial facility.

① In a lawsuit for performance, the standing to be a party is the person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not is to be proved through the deliberation of the merits (see Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). Since the parties to the instant lease are the Plaintiff and the Defendant, the Plaintiff, a lessor, has the right to demand the delivery of the leased object under the lease contract.

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