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(영문) 인천지방법원 2020.11.13 2020가단223063
건물인도
Text

The Plaintiff

A. As to Defendant B’s KRW 58,408,615 and KRW 33,00,813 among them, Defendant B shall be from May 14, 2020, KRW 25,407,802.

Reasons

1. Facts of recognition;

A. On October 31, 2017, the Plaintiff leased each of the buildings listed in the separate sheet Nos. 40,000,000, monthly rent 4,500,000 (excluding value-added tax), and each of the buildings listed in the separate sheet Nos. 2 and 3, to KRW 20,000,000, monthly rent 1,500,000 (excluding value-added tax) respectively.

B. On July 2, 2018, Defendant B succeeded to the lessee’s status as to the building listed in the separate sheet No. 1, and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) succeeded to the lessee’s status as to the building listed in the separate sheet No. 2 and No. 3 on May 1, 2018.

C. By March 31, 2020, Defendant B delayed the payment of the monthly rent, management fee, electricity fee, totaling KRW 73,00,813 on the buildings listed in the attached Table 1 list, and the Defendant Company paid KRW 34,711,983 on the buildings listed in the attached Table 2, attached Table 3 by March 31, 2020.

On August 22, 2020, the Defendants delivered each of the buildings listed in [Attachment 1 to 3] list to the Plaintiff.

From April 1, 2020 to August 22, 2020, Defendant B delayed the payment of KRW 25,407,802 in total, monthly rent, management fee, electricity fee, and KRW 25,407,802, and the Defendant Company delayed the payment of KRW 8,810,21 in total, monthly rent, management fee, electricity fee for the same period.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 through 5, Gap evidence 7, Gap evidence 10 to 14, and the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendants delayed the payment of two or more rents to the Plaintiff by March 31, 2020, and on this ground, the Plaintiff’s duplicate of the complaint, indicating the intent to terminate each lease agreement with the Defendants, to Defendant B, was served on May 13, 2020, and on April 22, 2020 to the Defendant Company, respectively, to the court, and thus, the respective lease agreements between the Plaintiff and the Defendants were legally terminated in accordance with the service of the duplicate of the complaint in this case.

In addition, the defendant B is not paid to the plaintiff and the party of the rent.

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