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(영문) 인천지방법원 2019.01.15 2018가단24812 (1)
건물명도
Text

1.(a)

The Defendants deliver to the Plaintiff the buildings indicated in the attached list.

B. The Defendants jointly do so to the Plaintiff.

Reasons

1. (1) Around October 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, with regard to the building listed in the separate sheet (hereinafter “instant building”) with the lease deposit amounting to KRW 20 million, the lease term from October 25, 2017 to October 24, 2019, and the rent amounting to KRW 220,000 per month (payment on October 25, 201).

It is understood that the Plaintiff and the Defendants used the instant building as Defendant C at the time of the conclusion of the instant lease agreement.

(2) However, the Defendants did not pay rent from January 25, 2018 to the date of the payment of rent, and have occupied and used the instant building as the office.

On August 22, 2018, a duplicate of the complaint of this case containing the Plaintiff’s expression of intent to terminate the lease agreement on the grounds of the delinquency of two or more rents has reached the Defendants respectively.

[Reasons for Recognition] ① Defendant B: deemed confession (Article 150(3) of the Civil Procedure Act); ② Defendant C: Not having dispute; entry of evidence No. 1; purport of the whole pleadings

2. Both claims;

A. The instant lease agreement was lawfully terminated due to the delinquency of the Defendant’s rent.

Therefore, the Defendants ordered the Plaintiff to order the instant building, and the Defendants jointly have the obligation to pay to the Plaintiff KRW 2,200,000 per month from January 25, 2018 to the completion date of the name of the said building.

② The security deposit paid by the Defendants is entirely deducted from the overdue rent, and the balance is currently nonexistent.

B. The Plaintiff and the Defendants concluded a lease agreement around October 2017.

The Defendants paid the lease deposit and monthly rent to 50:50 and used the office together.

Defendant B was unable to operate his business on March 2018, and the amount of KRW 10 million was deducted and the awareness was cut off.

② Defendant C did not directly enter into a contract with the Plaintiff and did not exercise its rights by entering into a transfer contract with the Plaintiff and did not contact with the Plaintiff.

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