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(영문) 인천지방법원 2017.10.19 2017가단4958
건물명도등
Text

1. The Plaintiff:

A. Defendant B delivers the real estate listed in the separate sheet, and from November 11, 2016, the said real estate.

Reasons

1. Facts of recognition;

A. On December 11, 2015, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit of KRW 10,000,000 as to the real estate indicated in the separate sheet, which is owned by the Plaintiff, from December 11, 2015 to December 11, 2017, and the monthly rent of KRW 600,00 (payment on December 11, 201), and handed over the said real estate to Defendant B.

B. Defendant B did not pay the monthly rent from November 2016, and the Plaintiff terminated the said lease by serving a copy of the complaint of this case on the grounds of the delinquency in rent.

C. Defendant C occupies the above real estate without any legal cause.

[Ground of recognition] Defendant B: A without dispute, entry of evidence Nos. 1 and 2, the purport of the whole pleadings, Defendant C: Article 208(3)3 of the Civil Procedure Act (Decision by Service by Public Notice)

2. According to the facts of the determination as to the cause of the claim, the above lease contract was terminated on February 17, 2017 when the duplicate of the complaint of this case was delivered to Defendant B, and thus, the Plaintiff is obligated to deliver the above real estate to the Plaintiff, and to pay to the Plaintiff the amount calculated at the rate of KRW 600,000 per month from November 11, 2016 to the completion date of delivery of the above real estate. ② Defendant C is obligated to withdraw from the above real estate.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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