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(영문) 인천지방법원부천지원 2017.11.17 2017가단110733
건물명도(인도)
Text

1. The defendant gives each point to the plaintiff, among the 1st floor of the building listed in the attached Table No. 1 of the attached Table No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On June 15, 2016, the Plaintiff leased the building specified in the Disposition No. 1 (hereinafter “instant building”) to Nonparty B at KRW 10,000,000, monthly rent of KRW 2,900,000 (hereinafter “instant lease”). On June 15, 2016, the Plaintiff determined that the instant lease may be terminated if Nonparty B remains unpaid at least three times a month.

(Article VII:1). (b)

The Defendant: (a) set the instant building from B to August 24, 2018 (hereinafter “instant lease”); (b) the period from August 25, 2016 to August 29, 2016, the Plaintiff consented to the instant sub-lease on August 29, 2016.

C. From April 2017, B did not pay the Plaintiff the monthly rent for the instant lease, and on October 13, 2017, the Plaintiff expressed to B that the instant lease will be terminated on the grounds of overdue rent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts, the lease of this case was terminated by the Plaintiff’s declaration of intention of termination for reasons of delinquency in rent at least three times, and where a lessor terminates a lease due to a lessee’s default in rent, it may be set up against the lessee by termination even if the lessee does not notify the lessee of the reason therefor. The lease relationship is terminated by termination as soon as the lessee’s declaration of intention of termination reaches the lessee (see Supreme Court Decision 2012Da55860, Oct. 11, 2012). Thus, the Defendant is obligated to deliver the building of this case to the Plaintiff.

3. The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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