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(영문) 인천지방법원부천지원 2016.04.01 2015가단116539
건물인도등청구의소
Text

1. The Defendant: (a) from April 29, 2015 to the delivery date of the instant real estate from the Plaintiff at KRW 27,000,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 10, 2014, the Plaintiff completed the registration of ownership transfer concerning each real estate listed in the separate sheet (hereinafter “instant real estate”).

No lessee, such as change of use and sub-lease, etc., shall change the use or structure of the store of this case, transfer the sub-lease, lease or provide security, and use it for purposes other than those of lease without the consent of the lessor

If the annual rent of a lessee who has terminated a contract under Article 4 amounts to two terms or violates Article 3, the lessor may terminate the contract immediately.

Where a lease contract is terminated under Article 5, the lessee shall restore the store of this case to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

In the event that the amount of rent under Article 4 is in arrears for at least two years, the lessor shall file a lawsuit against the lessee for termination and evacuation of the contract.

B. On August 8, 2014, the Plaintiff entered into a lease agreement between the Defendant and the instant real estate (hereinafter “instant lease agreement”) with a deposit of KRW 27,00,000,000 per month, monthly rent of KRW 2,700,00 (in addition to value-added tax, the date of payment of rent: 28,000 per month), and the period from August 28, 2014 to August 28, 2016, and delivered the instant real estate to the Defendant around the start of the lease term.

C. After entering into the instant lease agreement, the Plaintiff was paid the difference of eight months from the Defendant until the closing date of the argument of the instant case.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 4-1 through 4, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated on November 23, 2015, which included an expression of intent to terminate the instant lease agreement on the ground of the Plaintiff’s delinquency in payment.

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