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(영문) 인천지방법원 2021.02.10 2020가단250782
건물명도 등
Text

1. The defendant shall attach from the plaintiff KRW 70,00,000 to KRW 49,769,981 and from December 11, 2020, the real estate stated in the attached Form.

Reasons

1. Facts of recognition;

A. On March 7, 2018, the Plaintiff and the Defendant indicated on the attached Form 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, and 1 in the line that connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 18.47 square meters in a line.

hereinafter referred to as “the instant leased building” entered into a lease agreement (hereinafter referred to as “the instant lease agreement”) with the lessee to lease KRW 70 million as the monthly rent of KRW 4730,000 (including value-added tax).

B. The Defendant did not pay a rent after the payment of the rent on April 10, 202, while he occupied and used the instant leased building by delivery from the Plaintiff.

On August 12, 2020, the Plaintiff submitted to this court a complaint containing an expression of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent, and the said warden was served on the Defendant on September 6, 2020.

(c)

By December 10, 2020, there were 3,7840,000 won of unpaid rent and unfair profit equivalent to rent, unpaid management fee, public charge 11,929,981 won.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, result of entrustment of appraisal, purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was terminated by the plaintiff's declaration of termination on the ground of delinquency in rent of the defendant, the defendant is obligated to deliver the building of this case to the plaintiff at the same time with the remaining money obtained from the plaintiff after deducting the unpaid rent of KRW 70 million from the deposit of KRW 70 million to December 10, 2020 from the unpaid rent of KRW 49,769,981, the total amount of the rent and unpaid management fees, public charges, and the remaining money calculated by the ratio of the rent of KRW 4730,000,000 from December 11, 2020 to the delivery date of the building of this case.

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

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