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(영문) 인천지방법원부천지원 2017.06.16 2016가합103704
건물명도
Text

1. The defendant is against the plaintiffs:

A. Upon receiving KRW 100,000,000 from the Plaintiffs, each entry in the separate sheet.

Reasons

1. Facts of recognition;

A. On August 19, 2016, the Plaintiffs purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from D, which is accommodation facilities, and completed the registration of ownership transfer on September 20, 2016, respectively.

B. On September 20, 2016, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 100,000,000 for each of the instant real estate, KRW 30,000 for rent (excluding value-added tax), and the period from September 20, 2016 to April 25, 2017, and the Defendant paid the Plaintiffs KRW 100,000 for the lease deposit of the instant lease agreement.

C. The Defendant, in accordance with the instant lease agreement, occupied and used each of the instant real estate from the Plaintiffs until now. Since the conclusion of the contract, the Defendant did not fully pay the Plaintiffs rent.

On December 21, 2016, the Plaintiffs sent to the Defendant a certificate of content that the instant lease agreement will be terminated on the grounds of the delinquency of rent for at least three years, and the said certificate of content reached the Defendant on December 22, 2016.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated upon the arrival of the Defendant on December 22, 2016, on the grounds of the Defendant’s failure to pay rent for more than three years.

Therefore, the Defendant delivered each of the instant real estate to the Plaintiffs following the termination of the instant lease agreement, and there was an agreement that the Defendant would bear the amount equivalent to the value-added tax on the rent under the lease including value-added tax of KRW 33,00,000 from September 20, 2016 to September 20, 2016, for which the Defendant did not pay the rent to the lessee.

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