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(영문) 인천지방법원 부천지원 2017.01.12 2016가단109385
건물명도
Text

1. From 23,916,667 won to 23,916,67 won from the Plaintiff (Counterclaim Defendant), the Defendant-Counterclaim Plaintiff’s list from June 16, 2016 to 1, and attached Form 2.

Reasons

1. Basic facts

A. On February 1, 2010, the Plaintiff purchased each real estate listed in the separate sheet Nos. 1 and the separate sheet Nos. 2 (hereinafter “instant building”) and acquired ownership, and thereafter installed facilities necessary for the operation of the Public Notice Board in the instant building.

B. On March 22, 2012, the Defendant concluded a lease agreement with the Plaintiff and the instant building from March 30, 2016 to March 30, 2017; the lease deposit amount of KRW 50,00,000; and the lease fee of KRW 2,50,000 (including value-added tax) monthly; and leased the instant building from the Plaintiff.

C. In addition, on March 22, 2012, the Defendant entered into a sales contract for goodwill of KRW 125,00,000 for premiums (hereinafter “instant sales contract”) with respect to the goodwill of the Institute, including the Plaintiff and the facilities necessary for the operation of the Institute of Public Notice (hereinafter “instant sales contract”), and after acquiring the goodwill of the Institute of Public Notice from the Plaintiff, the Defendant operates the Institute of Public Notice C in the instant building.

Since February 2013, the Defendant delayed payment of more than two period of rent, the Plaintiff notified the Defendant of June 15, 2016 of the termination of the instant lease agreement, and the Defendant’s delayed payment of rent is KRW 28,083,333, the sum of rent that the Defendant did not pay until the notice of termination is given.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including additional number) (the defendant denies the authenticity of Gap evidence No. 6, but the authenticity is recognized by Gap evidence No. 7 and witness witness evidence) and the purport of the whole pleadings

2. Determination on the main claim

A. According to the fact that the lease contract is terminated and the duty to restore the original state arises, the instant lease contract was lawfully terminated on June 15, 2016 due to the Defendant’s delinquency in payment of rent, and barring any special circumstance, the Defendant delivers the instant building to the Plaintiff, pays 28,083,333 won in arrears, and from June 16, 2016 to the completion date of delivery of the instant building.

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