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(영문) 인천지방법원부천지원 2016.08.17 2016가단3951
건물인도등
Text

1. The Defendants are to the Plaintiff:

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

B. Jointly, from April 1, 2016, the same shall apply.

Reasons

1. Facts of recognition;

A. On June 6, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the term from July 1, 2015 to July 1, 2017, providing that real estate listed in the separate list of Defendant B and the attached list KRW 20 million, monthly rent of KRW 21 million (excluding value-added tax, payment after July 1, 2015), and that lease to Defendant B (hereinafter “instant lease agreement”).

Defendant B paid to the Plaintiff KRW 20 million on June 6, 2015 and KRW 20 million on June 9, 2015, including KRW 18 million.

B. On June 9, 2015, Defendant B, with the Plaintiff’s consent, sub-leased part of the instant factory buildings to Defendant C, with the period from July 1, 2015 to July 1, 2017, with the agreement of the Plaintiff, which was determined as KRW 10 million per month, KRW 1050,000 per month, and the period from July 1, 2015.

C. From July 1, 2015, the Defendants paid only four-month rent out of the rent for seven months (from July 1, 2015 to January 31, 2016) to be paid by February 1, 2016 when occupying and using the instant building jointly upon delivery from around July 1, 2015, and did not pay the rent for three months.

On February 12, 2016, the Plaintiff notified the Defendants of his/her intention to terminate the lease agreement and to claim the return of the leased object on the grounds of the delinquency of rent for at least three years.

(E) At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant B agreed that the lease agreement may be terminated even if not less than two years of arrears occur.

After the notice of termination, the Defendants paid the amount equivalent to five-month rent from March 3, 2016 to July 7, 2016 to the Plaintiff’s deposit account.

[Grounds for recognition] Gap 1-3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's notice of termination on the ground of the delinquency in rent, and subsequent payment of the amount equivalent to the rent of the defendants is not affected by the validity of termination.

Since Defendant C paid the rent according to the sub-lease contract, the Plaintiff.

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