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(영문) 인천지방법원 2018.08.29 2018가단1468
건물명도등
Text

1. The Plaintiff:

A. Defendant B points out of the real estate listed in the separate sheet Nos. 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Facts of recognition;

A. On September 27, 2010, the Plaintiff entered into a lease agreement with Defendant B on the lease deposit amounting to KRW 20,000,000, and the period from September 27, 2010 to September 26, 201 (12 months), and the monthly rent of KRW 1,00,000 (excluding value-added tax).

B. On December 15, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B to lease the instant real estate from January 1, 2013 to December 31, 2014 (24 months), monthly rent of KRW 2,00,000 (excluding value-added tax), and subsequently the lease agreement was explicitly renewed.

C. The Defendants separated the instant real estate between husband and wife, and Defendant B operated a restaurant in the attached Form 1, 2, 3, 4, 5, 6, and 1 among the instant real estate, with the part (Ga) of 358.4 square meters (hereinafter “301 of the instant real estate”), which was successively connected to each of the items in the attached Form 1, 2, 3, 4, 6, and 1 (hereinafter “302 of the instant real estate”), and the Defendant C operated a restaurant in the attached Form 1, 2, 3, 4, and 1 of the instant real estate, which was successively connected to each of the items in the attached Form 1, 165.36 square meters (Na), among the instant real estate (hereinafter “302 of the instant real estate”).

However, Defendant B was in arrears, and on December 14, 2015, the Plaintiff sent to Defendant B a certificate that the instant lease contract was terminated on the grounds that the monthly rent was unpaid, and around that time, served on Defendant B.

E. The rent that Defendant B did not pay until December 2017 is KRW 52,171,300 in total and KRW 32,171,300 if the amount of the lease deposit is deducted from KRW 20,000,000. The Defendants, on December 31, 2017, paid the remainder by paying the amount of KRW 10,000,000 until January 10, 2018 and until February 20, 2018.

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