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(영문) 인천지방법원 2018.11.29 2017가단251945
건물명도(인도)
Text

1. The defendant is paid KRW 15,000,000 from the plaintiff and at the same time, among the first floor of the building indicated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. D leased the instant building portion from C on May 1, 2008 to E on May 1, 2008, set the lease deposit amount of KRW 15,00,000, monthly rent of KRW 3,000,000, and the sublease period from May 10, 2008 to May 10, 2009.

(hereinafter “the sub-lease of this case”). (b)

In the instant sub-lease, the status of the sub-lease and the status of the sub-lease have been succeeded to each verbally, and the sub-lease was implicitly renewed, and the sub-lease contract was not prepared.

C. The status of the sublessee was succeeded from D to F Co., Ltd. and from F Co., Ltd. on August 1, 2015 to Plaintiff around May 2009.

The status of the former lessee was succeeded to the defendant in E around June 2012.

E. From April 2014, monthly rent was increased to 3,700,000 won per month from the date of the instant sublease, and 4,300,000 won per month from February 2016.

F. The Defendant paid KRW 3,00,000 per month to the Plaintiff, and KRW 3,700,000 per month to July 2015. ② From August 2015 to February 2016, the Defendant paid KRW 3,700,00 per month to the Plaintiff. From March 2016, the Defendant paid KRW 4,30,000 per month to the Plaintiff.

G. On February 16, 2017, the Plaintiff sent a content-certified mail to the Defendant to the effect that the instant sub-lease contract cannot be maintained any longer, and the said mail reached the Defendant on February 17, 2017.

The Plaintiff notified the termination of the instant sub-lease contract even through the service of the instant complaint, and the warden served on November 23, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, 4, 5, 8, 9, 13, 14, 15, 16, Eul evidence 1, witness G, E's testimony, the result of the commission of cadastral surveying by the Director of the Incheon Northern Vice-Governor of the Korea Land and Information Corporation, the purport of the whole pleadings

2. The Plaintiff and the Defendant, insofar as the Defendant, while disputing the Plaintiff’s succession to the status of the sub-lease, paid monthly rent to the Plaintiff.

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