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(영문) 인천지방법원 2019.01.29 2018가단211357
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) An annexed list from June 30, 2017.

Reasons

1. Basic facts

A. As to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) there is a sub-lease contract in which the lessor, the Plaintiff, and the sub-contractor, the Defendant are sub-leased, the Defendant, and the 5,000,000 won (excluding value-added tax), the 30th day of each month, the payment date of the sub-lease, the 30th day of May 27, 2015 through May 25, 2017, and the date of preparation of the sub-lease contract (hereinafter “instant contract”), and there is a sub-lease contract in which May 27, 2015 is made (hereinafter “instant contract,” and “instant contract”) and the content of the terms of the termination of the contract due to the delay are as follows.

[Article 8] If the sub-lessee fails to pay the monthly rent at least twice, this contract shall be terminated.

Provided, That if both parties agree, the agreement shall apply.

B. The Plaintiff stated in the instant complaint that “the contract of this case is terminated on the grounds of rent delay for at least two years,” and the duplicate of the instant complaint was served on the Defendant on March 12, 2018.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 3, purport of whole pleadings]

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion summary and the Defendant concluded a sublease contract under the instant contract and renewed the sublease contract.

However, the defendant did not pay the rent continuously since June 2017.

Accordingly, pursuant to the instant contract, the Plaintiff terminated the instant contract on the ground of the Defendant’s delay of rent, and sought an amount calculated by the Defendant’s delivery of each of the instant real estate and the Defendant’s unpaid rent from June 30, 2017 to the completion date of delivery of each of the instant real estate, which is the amount equivalent to the rent of KRW 5,500,00 (including value-added tax) for each of the instant real estate.

B. The defendant's summary of the defendant's assertion is a tenant, who is not a tenant of each real estate of this case, and three parties shall lease and sublease the contract of this case to secure the obligation of the plaintiff of the corporation C.

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