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(영문) 인천지방법원부천지원 2019.09.05 2019가단4337
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Attached drawings of the real estate indicated in the attached list and the land for factory C in Kimpo-si, which are 2,411 square meters.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner and lessor of the instant real estate as indicated in the attached list and the factory site in Kimpo-si, and the Plaintiff is the owner and lessor of the instant real estate (hereinafter collectively referred to as the “instant real estate”), and the Defendant is the lessee of the instant real estate.

B. (1) On June 28, 2018, the Plaintiff entered into the instant lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant real estate: (a) the lease deposit amount of KRW 25 million; (b) KRW 2.5 million per month; (c) the lease term of KRW 2.5 million per month; and (d) the lease term of the instant real estate from July 1, 2018 to June 30, 2020 (hereinafter “instant lease agreement”).

(2) From September 2018, the Defendant did not pay the Plaintiff the difference prescribed in the instant lease agreement.

C. On February 19, 2019, the Plaintiff sent to the Defendant a certificate-certified mail (Evidence A2) to the effect that the instant lease contract is terminated, as the Plaintiff was in arrears from September 2018.

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

2. According to the facts of the above recognition, the instant lease contract was terminated by the Plaintiff’s notice on February 19, 2019, which concluded that the instant lease contract will be terminated on the grounds of the Defendant’s delinquency in rent.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff as performance of the duty to restore, and is obligated to pay from September 1, 2018 to the termination date of the instant lease agreement at the rate of KRW 2,750,000 per month. The Defendant, from the termination date of the instant lease to the expiration date, obtains profits from the use of the instant real estate by occupying and using the instant real estate and thereby, thereby causing damage to the Plaintiff, the lessor, as the lessor.

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