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(영문) 인천지방법원 부천지원 2018.07.26 2018가단4897
원상회복 및 건물인도
Text

1. The defendant shall provide the plaintiff with the annexed drawings 1, 2, 3, 4, 5, 6, and 1 among the branch floors of the real estate indicated in the annexed real estate.

Reasons

1. Basic facts

A. On April 15, 2016, the Plaintiff: (a) leased the instant commercial building to the Defendant by setting the lease deposit amount of KRW 5,00,00,00, monthly rent of KRW 880,00, monthly rent of KRW 880,00, and April 15, 2018; and (b) handed over the instant commercial building to the Defendant, which was linked in sequence to each point in the order of drawings 1, 2, 3, 4, 5, 6, and 1 (hereinafter “instant commercial building”); and (c) handed over the instant commercial building to the Defendant.

B. On November 27, 2017, when the Defendant’s delayed payment, the Plaintiff sent a document verifying the content of demanding the Defendant to pay the rent for four months in arrears. On March 6, 2018, the Plaintiff sent a document verifying that “The instant commercial building is handed over by March 15, 2018, as the Defendant terminated the lease contract on the ground that the payment of rent for at least three months was overdue,” and the said document verifying the content was served on the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the lease contract for the instant commercial building was terminated on March 15, 2018 on the grounds of the Defendant’s delinquency in rent.

Therefore, the defendant, as a lessee, has the duty to deliver the commercial building of this case to the plaintiff as the lessor.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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