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(영문) 인천지방법원 2016.08.30 2015가합348
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) jointly delivers the building indicated in the separate sheet to the Plaintiff (Counterclaim Defendant).

2...

Reasons

1. Basic facts

A. As to the building indicated in the attached list (hereinafter “instant building”), the lessor and F, the Defendants, the lessee, the lease deposit amounting to KRW 150 million, KRW 26 million monthly rent (payment on August 8), and the lease agreement was concluded on November 9, 2012, which was from November 9, 2012 to December 12, 2012.

(hereinafter “instant lease agreement”). Since then, the instant lease agreement was renewed on November 9, 2013 and its lease term was extended to one year.

B. The terms of the instant lease agreement are as follows.

1. The lessee shall bear 100% of the taxes on entertainment in buildings and land;

2.The term "the property of the lessor" is the property of the lessor by investment of 100% by the lessor, and the lessee may not claim any subsequent right.

3. The lessee shall recover 100% of the interior of the interior and collection equipment to its original state within two months, if the interior and collection equipment are naturally damaged or damaged during the lease period;

4. The surtax shall be separate.

5.The above-mentioned contract shall be automatically reversed when the restoration to the original state is delayed for more than two months of the rental period or when the rent is unpaid for more than two months.

6. 0.9 per annum increases monthly taxes by 0.9%.

C. The Defendants paid KRW 150 million to the Plaintiff on the date of the instant lease agreement, and on the same day, possessed and used the instant building on the same day.

Since January 2014, the Defendants paid a total of KRW 28,069,000 to the Plaintiff as the rent according to the instant lease agreement, as shown in the attached Table, and the Defendants paid a total of KRW 200,069,000 to the Plaintiff. From June 2014, the Defendants did not pay a part of the rent.

E. On January 12, 2015, the Plaintiff submitted to this court the instant complaint containing an expression of intent to terminate the instant lease agreement on the grounds of the Defendants’ delinquency in rent, and the duplicate of the complaint reached the Defendants on February 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 2 through 5, 14, 15, 23.

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