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(영문) 인천지방법원 부천지원 2018.11.20 2018가단111474
건물명도(인도)
Text

1. The Defendant: (a) from March 24, 201 to March 24, 2017, the delivery of the real estate indicated in the separate sheet from March 24, 201 to the completion date of delivery of the real estate.

Reasons

1. Determination on the cause of the claim

A. On March 28, 2014, the Plaintiff: (a) leased real estate listed in the separate sheet (hereinafter “instant commercial building”) to the Defendant on the following grounds: (b) KRW 100 million; (c) KRW 4.4 million per month (payment after April 20); and (d) from April 21, 2014 to April 20, 2019; (c) the Defendant occupied the instant commercial building without delay from March 24, 2017; and (d) the Plaintiff notified the Defendant of the termination of the said lease on the grounds of delinquency in rent; and (e) on June 11, 2018, the Plaintiff did not conflict between the parties; and (e) the said lease agreement was lawfully terminated in accordance with the Plaintiff’s notification on the grounds of delinquency in rent given by the Defendant; and (e) barring any special reason, the Defendant is obligated to deliver the instant commercial building to the Plaintiff.

B. On the other hand, the Defendant’s simultaneous performance defense with the remaining lease deposit after deducting the overdue rent from the Defendant. As such, the fact that the above lease deposit was 100 million won is identical as seen earlier. Accordingly, the Defendant is obliged to deliver the instant commercial building to the Plaintiff at the same time, at the same time, to receive the remainder of the amount calculated by deducting the overdue rent from the Plaintiff’s KRW 100 million to the KRW 4.4 million per month from March 24, 2017 to the completion date of the delivery of the instant commercial building.

2. In conclusion, the claim of this case is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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