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(영문) 인천지방법원 2017.11.24 2017가합58105
임대차계약무효확인
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. Of 16,865.9 square meters in Jung-gu, Incheon, Jung-gu, 27-46 Miscellaneous land 16,865.9 square meters, 16,215.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 17, 2014, the Plaintiff: (a) around 17, 2014, from the Defendant, the Jung-gu Incheon Dong 7, Dong-dong 7, 27-46 Miscellaneous land 16,865 m2,15.9 m2 (hereinafter “instant land”) and the real estate indicated in the attached Table 1 List 1, 215.9 m2 (hereinafter “instant building”) among the real estate of 16,215.9 m2 (hereinafter “instant building”); (b) from July 15, 2013 to July 14, 203; and (c) from July 15, 2013 to July 14, 203, the rent: (a) annual rent of the first year rent of the previous year x consumer price fluctuation rate (hereinafter “instant lease”). The details of the instant lease agreement are as stated in the attached lease agreement.

B. Under the instant lease agreement, the Defendant issued a payment notice of monthly rent by dividing the annual rent by 12 minutes immediately after the commencement of the lease period, and the Plaintiff has paid monthly rent to the Defendant pursuant to the said payment notice.

C. From June 10, 2015, the Plaintiff did not pay monthly rent for the instant land. From June 10, 2016, the Defendant sent a letter-certified mail to the effect that the instant lease contract is terminated if the Plaintiff did not pay the monthly rent for the said unpaid rent until June 17, 2016, on the ground that: (a) the Plaintiff did not pay the monthly rent for the said unpaid rent from June 10, 2015 to May 2016; and (b) the Plaintiff did not pay the said unpaid rent for the said unpaid rent.

The Plaintiff did not pay the unpaid rent by June 17, 2016, and the Defendant issued a notice of termination of the instant lease agreement to the Plaintiff on August 22, 2016 (hereinafter “instant lease termination notice”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. In full view of all the evidence as seen earlier, the notice of termination of the instant lease agreement is valid, and the purport of the entire argument is examined.

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