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(영문) 인천지방법원 부천지원 2021.02.05 2020가합103510
건물인도
Text

1. The defendant attached to the plaintiff

1. Attached Form among the six floors of the real estate stated in the list;

2. Indication of drawings and (14) and (14) respectively; and

Reasons

1. Judgment on the plaintiff's claim

A. Facts of recognition 1) The Plaintiff was attached to C on January 21, 2016 from C Co., Ltd.

1. The real estate indicated in the list (hereinafter “instant real estate”) was leased KRW 1,600,000,000 per deposit, and KRW 126,960,00 per month.

2) On October 2018, the Plaintiff sub-leaseed D Co., Ltd. (hereinafter “D”) the entire 6,77 stories of the instant real estate to D Co., Ltd. (hereinafter “D”) as 4,108 square meters of the instant sub-lease period from October 15, 2018 to October 14, 2020, deposit amounting to 497,000,000 won of the sub-lease, and KRW 49,50,000 of the rent of the sub-lease (excluding value added tax), monthly management expenses of KRW 12,345,00 (excluding value added tax), parking fees, 7,700,000 (excluding value added tax) (hereinafter “sub-lease contract”), and sub-lease the instant property to D around that time.

3) Until February 25, 2020, D did not pay the Plaintiff the rent, management fee, and the contribution and gold in the previous month (hereinafter “rent, etc.”) from February 2020 to February 25, 2020, and even thereafter, D did not pay the rent, etc. monthly thereafter.

4) On June 18, 2020, the Plaintiff notified D that the instant sub-lease contract will be terminated on the grounds of the delinquency in rent for not less than two months.

5) The Defendant’s attached Form among six floors among the 6th sub-leases of the instant sub-leases from D

2. The part (e) of the ship (E) which connects each point in the order of priority with the indication of drawings or (4) refers to the part (e) of 5.5 square meters (E gyeast).

The (e) part of the instant case (hereinafter referred to as “instant (e)”) is occupied by transfer and delivery.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including various numbers if there are several numbers) and the purport of the whole pleadings

B. According to the facts acknowledged in the above A, the sub-lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination as of June 18, 2020 on the ground of delinquency in rent for not less than two months of D’s second month, and thus, the Defendant is the owner of the part of the instant sub-lease (e).

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