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Reasons
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(영문) 인천지방법원부천지원 2016.05.26 2015가단20997
건물인도등
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. As from April 10, 2015, the delivery of the said real estate.

Reasons

1. Facts of recognition;

A. A. On September 30, 2007, C Line D (hereinafter “the instant missionary mission”) entered into a lease agreement with the Defendant on the instant building owned by the instant missionary mission (hereinafter “instant lease agreement”) with the terms of KRW 5,000,000, monthly rent of KRW 600,000 (payment on the last day of each month), and the term of lease from October 1, 2007 to September 30, 2009 (hereinafter “the instant lease agreement”), and leased the instant building to the Defendant, and thereafter, the monthly rent of KRW 1,00,000,000 was increased by the renewal of the instant lease agreement on October 201.

B. When the Defendant’s rent in arrears deducts all of the lease deposit, the instant missionary bridge and the Defendant paid KRW 5,000,000,000, which was extinguished by the deduction from July 31, 2014, and the lease deposit was prepaid from July 2014 to April 30, 2015, and the Defendant agreed to deliver the instant building (hereinafter “instant agreement”). At the same time, the instant lease agreement was terminated as of April 30, 2015 and the Defendant delivered the instant building (hereinafter “instant agreement”).

C. In accordance with the instant agreement, the Defendant paid D’s representative of the instant church KRW 5,00,000 as lease deposit on July 24, 2014, and paid KRW 4,500,000 out of the rent of KRW 10,000,000 for advance payment, as well as KRW 10,000 on October 7, 2014, and KRW 2,500,000 on November 5, 2014.

On April 10, 2015, the Plaintiff, the wife of D, succeeded to the lessor status of the instant lease agreement by purchasing the instant building from the missionary church and completing the registration of ownership transfer.

E. On May 1, 2015 and May 7, 2015, the Plaintiff sent a content-certified mail demanding the Defendant to pay overdue rents and deliver the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3 and 8 (including paper numbers), the purport of the whole pleadings

2. Determination on the cause of the claim.

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