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(영문) 인천지방법원부천지원 2019.10.11 2019가단4238
건물인도
Text

1. Defendant B:

A. Part of the building indicated in paragraph 1 of the attached list and the building indicated in the attached list (A).

Reasons

1. Basic facts

A. On May 28, 2002, the Plaintiff entered into a lease agreement with Defendant B on a deposit of KRW 10 million, monthly rent of KRW 10 million (payment on May 29, 2000) (hereinafter “instant lease agreement”) with the owner of the real estate listed in the separate sheet (hereinafter “instant lease agreement”), and has been implicitly renewed thereafter.

B. Around July 2014, the Plaintiff was in arrears at KRW 27 million under the instant lease agreement, and the Plaintiff urged the payment thereof to the Defendant B, Defendant B paid KRW 1.5 million monthly to the Plaintiff from August 2014, and around November 2014, Defendant B paid KRW 1.6 million to the Plaintiff for additional use of the tent part of the attached drawing indication (A).

C. Meanwhile, the container installed by Defendant B is installed in the part of the attached Form Nos. 2 and (c) of the land indicated in the attached Table Nos. 2.

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

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The defendants are joint entrepreneurs, and they are joint tenants, and they are jointly and severally liable for the obligations under the instant lease agreement.

B) Since the Defendants were in arrears and terminated the instant lease agreement on more than two occasions, they were liable to deliver the leased object, and remove containers on the land owned by the Plaintiff and deliver the relevant land. C) The Defendants did not pay rent of KRW 27 million until July 2014.

Meanwhile, the Plaintiff and the Defendants agreed to raise the rent of KRW 1.5 million per month from August 2014, and KRW 1.6 million from November 2014 to November 2018, respectively. Moreover, the Plaintiff and the Defendants agreed to raise the rent of KRW 10.2 million per month, and thereafter, did not pay the rent.

Therefore, the rent in arrears by March 2019, which was 33.6 million won prior to the filing date of the instant lawsuit: 27,000,000 won in arrears until July 2014.

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