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(영문) 인천지방법원 2015.02.11 2014가합6127
건물명도
Text

1. The defendant shall be the plaintiff.

A. From 14,200,000 won to 14,200 won, real estate listed in the separate sheet from February 3, 2015.

Reasons

1. Basic facts

A. On February 2, 2010, the Plaintiff leased the instant building to the Defendant by setting the lease deposit of KRW 100 million, KRW 500,000 per month (including value added tax on March 3, 2010), and from March 3, 2010 to March 2, 2012, the term of lease was from March 3, 2010. The Defendant paid the Plaintiff KRW 100,000 to KRW 80,00 as the above lease deposit and the premium, and thereafter, operated Smarkets in the instant building.

B. On March 3, 2012, upon the expiration of the above lease term, the Plaintiff and the Defendant newly entered into a lease agreement with the following terms: (a) increase to KRW 6.6 million per month (including subsequent payment on March 3, 201 and value added tax); and (b) extension of the lease term by March 2, 2014.

(hereinafter referred to as “instant lease agreement”) in total, the lease contract between the original and the Defendant.

On January 27, 2014, before the expiration of the instant lease term, the Plaintiff notified the Defendant of his intention to refuse the renewal of the instant lease term, and the instant lease term was terminated on March 2, 2014.

On or after January 3, 2014, the Defendant did not pay monthly rent (the payment date February 3, 2014) and used and profit from the instant building until March 2, 2014.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 5 (including each number, if any) and the purport of whole pleading

2. The Plaintiff asserts that the instant lease contract was terminated, and the Defendant is obligated to deliver the instant building to the Plaintiff, and to return the overdue rent from January 3, 2014 to March 2, 2014, and the rent equivalent to the rent from March 3, 2014 to the completion date of delivery of the instant building.

In regard to this, the Defendant agreed to return the amount of KRW 80 million paid by the Defendant to the Plaintiff upon the termination of the instant lease agreement at the time of the conclusion of the instant lease agreement. As such, the Defendant agreed to return the amount of KRW 80 million paid by the Plaintiff, the Defendant is KRW 100 million and the amount of KRW 80 million.

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