(영문) 인천지방법원부천지원 2019.09.03 2018가단13945

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(영문) 인천지방법원부천지원 2019.09.03 2018가단13945

건물인도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annexed real estate list;

B. From October 31, 2018, annexed hereto.

Reasons

1. Determination as to the cause of claim

(a) Facts under recognition may be found either in dispute between the parties or in addition to the whole purport of the pleadings, either Party A 1, 2, and 5 (including each number);

1) On August 30, 2017, the Plaintiff’s real estate indicated in the list of the attached real estate owned by the Plaintiff (hereinafter “instant building”) between the Defendant and the Defendant.

B) From August 30, 2017 to August 29, 2018, the lease deposit amounting to KRW 10 million, and KRW 1,300,000 per month in the instant lease agreement (Evidence A2-2), indicated that the monthly rent is KRW 1.7 million, but the Plaintiff and the Defendant agreed to reduce the said monthly rent to KRW 1.3 million. The lease agreement stipulating that the said monthly rent shall be leased (hereinafter “instant lease agreement”).

(A) The terms and conditions of the instant lease agreement include the following special terms and conditions stated in the instant lease agreement (Evidence A2-2).

1. The facilities, other than the building of this case, are to be removed after the termination of the instant lease agreement, and there is no damage to the lessor.

b.2. The lessor may terminate the instant lease contract at the time of the unpaid monthly rent twice, and at the time of termination, the lessee shall immediately restore the instant building to its original state and return it to the lessor.

3. A lessee may not claim to the lessor for all the facility expenses, premiums, and beneficial expenses; and

2) On August 30, 2017, the Plaintiff delivered the instant building to the Defendant pursuant to the instant lease agreement. (iii) The Defendant delayed payment of monthly rent after September 2017 under the instant lease agreement.

4 On May 8, 2018, the Plaintiff sent a content-certified mail to the Defendant and notified the Defendant that the instant lease agreement will be terminated if the Plaintiff did not pay the overdue car under the instant lease agreement.

After that, the plaintiff is again the defendant on August 14, 2018.

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