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(영문) 인천지방법원부천지원 2014.12.19 2014가합2319
건물명도 등
Text

1. The defendant UbS Plant Co., Ltd., C, and the defendant-Counterclaim Plaintiff D are individually plaintiffs A, and the attached list 1 and 2.

Reasons

1. Facts of recognition;

A. (1) On September 23, 2012, Plaintiff A entered into the instant lease agreement, etc. (hereinafter “Defendant Company”)

B) As between Plaintiff A and his father, Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is only the Plaintiff.

(E) 1,006 square meters of land E in Kimpo-si owned by B (hereinafter “E land”).

2) Each building listed in [Attachment 1] and (2) of [Attachment 1] and [2] on the land owned by the Plaintiff A (hereinafter “instant 1 and 2 buildings”).

(C) The term of the lease deposit is 24 million won, 2.4 million won per month, 2.4 million won per month (excluding value-added tax), and the term of the lease from November 1, 2012 to November 1, 2014 (hereinafter “instant lease agreement”).

(2) Article 5 of the instant lease agreement provides that the lessee shall restore the object to its original state and return it upon termination of the lease agreement, and Article 2 of the Special Agreement provides that “The land listed in paragraph (4) of the attached Table of the E Land and the attached Table (hereinafter “instant land”) shall be “the land to be used in part”.

3) On February 13, 2013, the Defendant Company issued an order of Plaintiff B to store and use containers on the instant land (hereinafter “instant three buildings”) and attached Table 3 (hereinafter “instant three buildings”) against the order of Plaintiff B to use the instant land.

B) The Defendant Company: (a) did not pay any rent for at least two years; (b) the Defendant Company did not pay any rent for at least 2,80,00 won in total as of June 2013 and August 1, 2013; and (b) the sum of the rent in arrears = 18,760,000 won in total as of March 1, 2014 [18,480,000 won in total as of August 2, 2013 through February 2014 [2,480,00 won in total as of August 2, 2013 to February 2014].

2) On April 10, 2014, the duplicate of the complaint of this case, stating the Plaintiff A’s declaration of intent to terminate the instant lease agreement on the grounds of two or more occasions of delinquency in rent, reached the Defendant Company. 3) Meanwhile, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) D, and the Defendant C, respectively.

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