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Reasons
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(영문) 인천지방법원 2017.07.18 2016가단43529
건물명도등
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1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point of the attached sheet Nos. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On July 28, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 30,00,000, monthly rent of KRW 3,200,00, and the lease period from July 28, 2015 to July 27, 2016, with regard to general restaurants of 130.5 square meters in the attached Form among the buildings listed in the attached list (hereinafter “instant commercial building”).

B. The Defendant did not pay the Plaintiff monthly rent from January 2016, and did not pay KRW 1,200,000 out of the monthly rent in 2015.

(C) there is no dispute.

On June 15, 2016, the Plaintiff: (a) the Defendant did not pay the Plaintiff the monthly amount of KRW 1,350,000 for five months and the outstanding monthly amount of KRW 1,350,000 for the previous five months; and (b) the Plaintiff is deemed not to have want to renew the contract upon the expiration of the contract on June 28, 2016.The Plaintiff sent a certificate of content to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated due to the Plaintiff’s delay in rent for more than two months, or terminated on July 27, 2016 as of July 27, 2016, barring any special circumstance.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay to the Plaintiff the sum of the rent of KRW 1,200,000 per month in arrears from January 2016 to August 2016 and the rent of KRW 26,80,000 ( KRW 3,200,000 x 8 months x 1,200,000) and the rent of KRW 3,20,00 per month from August 28, 2016 to the date the delivery of the instant store is completed.

3. Judgment on the defendant's assertion

A. The defendant's assertion is that of this case.

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