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(영문) 인천지방법원 2018.12.13 2017나61891
건물명도(인도)
Text

1. The judgment of the first instance, including the claim of the Plaintiff (Counterclaim Defendant) that has been reduced in the trial, shall be modified as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant B is the business owner of “F” as a manufacturer of plastic products, and Defendant C, the mother of Defendant B, is the actual manager of F.

B. On April 1, 2016, Defendant C concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and the Plaintiff on behalf of Defendant B, setting the lease deposit amount of KRW 5,00,000, KRW 550,000 per month of rent (including value-added tax, KRW 80,00 per month), and the lease term of the instant building from April 8, 2016 to April 7, 2018.

As the special terms and conditions of the instant lease agreement, the Plaintiff and the Defendants: (a) instead of directly admitting water supply to the instant building by Defendant B, the lessee, the Plaintiff, a lessor, set the same 30 kw on the instant building as the supply cycle.

C. Defendant C occupied the instant building on April 5, 2016, and around that time paid KRW 3,300,000 out of the deposit for lease to the Plaintiff.

On April 7, 2016, Defendant C made a statement to the real estate agent G who arranged the instant contract to the effect that the said 30kw alone is insufficient to operate F’s machinery.

On April 8, 2016, the Plaintiff visited and met Defendant C directly from the instant building. At that location, Defendant C and the Plaintiff supplied electricity 380 kws to the instant building, but in consideration of the electrical construction period, the Plaintiff was determined to be paid from April 25, 2016 to April 25, 2016.

On April 22, 2016, the Plaintiff completed electrical construction for the supply of electricity 380kw to the instant building. Meanwhile, on April 20, 2016, Defendant C paid the remainder of KRW 1,700,000 (=5,000,000 - 3,000,000) out of the lease deposit to the Plaintiff.

E. Although Defendant C possessed the instant building so far, it does not have to pay rent to the Plaintiff.

F. On July 27, 2016, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of unpaid rent.

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