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(영문) 인천지방법원 부천지원 2018.04.26 2017가단117079
건물명도(인도)
Text

1. The defendant points out of the first floor of the building listed in the attached Table No. 1 of the attached Table No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On July 27, 2009, the Defendant entered into a lease agreement with SamyangT Co., Ltd. and the building listed in paragraph (1) of the attached Table No. 1 with respect to the lease deposit of KRW 15,00,000,000, monthly rent of KRW 3,000,000, and the term of lease from July 27, 2009 to June 30, 2010, with respect to the portion (Ga) of the attached Form No. 1,2,3,4, and1 among the first floor of the building listed in paragraph (1) of the attached Table No. 1, the Defendant paid the lease deposit and received the delivery of the factory of this case from the Defendant.

B. On December 3, 2014, the Plaintiff merged Samyangex Co., Ltd.

C. The above A.

On June 15, 2016, the term of lease was changed by June 30, 2017, while the Plaintiff and the Defendant continued to lease the instant factory due to the renewal of the lease agreement, while maintaining the lease deposit and monthly rent as they are.

(hereinafter “instant lease agreement”). D.

On May 15, 2017, the Plaintiff sent to the Defendant a certificate of content stating the refusal to renew the lease of this case, and the said certificate reaches the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the instant lease contract was terminated on June 30, 2017 by the Plaintiff’s rejection of renewal, the Defendant is obligated to deliver the instant factory to the Plaintiff, barring special circumstances.

3. The defendant's defense, with the consent of the plaintiff, has installed caters, high-pressure gas tanks, and gas pipes in the factory of this case. The defendant asserts that the plaintiff's obligation to pay the purchase price and the duty to deliver the factory of this case to the effect that the defendant's duty to deliver the factory of this case is related to simultaneous performance

Accessories subject to the claim for purchase under Article 646 of the Civil Act are attached to the building itself.

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