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Reasons
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(영문) 인천지방법원부천지원 2019.11.07 2019가단9035
건물인도
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. 13,00,000 won and its related thereto, August 2019

Reasons

1. Facts of recognition;

A. Status 1 of the party concerned) The Plaintiff is the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) The Defendant is the lessee of the instant real estate.

B. (1) On August 2, 2010, the Plaintiff concluded and renewed the instant lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant real estate: (a) KRW 5 million as the lease deposit; (b) KRW 400,000 per month as the rent (payment on August 21, 201); and (c) from August 21, 2010 to August 20, 2012, the lease agreement is concluded and leased (hereinafter “instant lease agreement”).

(2) Since 2016, the Defendant decided to increase the rent of the instant lease from KRW 40,00 to KRW 50,000,000.

3) The Defendant did not pay a total of KRW 13 million until July 20, 2019. (c) On September 14, 2018, the Plaintiff sent to the Defendant a content-certified mail (Evidence A 2-1) stating that “the Defendant was in arrears with the delivery of the instant real estate by September 30, 2018.” On December 27, 2018, the Plaintiff sent a content-certified mail (Evidence A-2-2) that “the delivery of the instant real estate by December 31, 2018.”

2) The Plaintiff, upon the delivery of the duplicate of the instant complaint, declared that the instant lease contract was terminated by the Defendant, and the duplicate of the complaint reached the Defendant on August 9, 2019. [The fact that there is no dispute over the grounds for recognition, evidence No. 1, evidence No. 2-1, and evidence No. 2-2, and the purport of the entire pleadings.

2. Determination

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated on August 9, 2019 on the ground that the Plaintiff’s declaration of intent to terminate the instant lease agreement was delivered to the Defendant on August 9, 2019.

Therefore, the defendant.

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