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(영문) 인천지방법원 2020.04.09 2019가단241188
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) shall enter from March 16, 2020 to KRW 83,00,000 from the Plaintiff (Counterclaim Defendant) in the attached list.

Reasons

1. Facts of recognition;

A. E shopping districts listed in the attached list (hereinafter “instant underground shopping districts”) are owned by Incheon Metropolitan City and the Plaintiff concluded a loan agreement with F Co., Ltd. (hereinafter “Nonindicted Company”) with respect to the instant underground shopping districts C, and D (the number of houses was changed to G, C, and D; hereinafter “each of the instant stores”) on February 26, 2018, while entering into a store lease agreement with each of the instant underground shopping districts C, and D (the number of houses was changed to C, C, and D; hereinafter “each of the instant stores”). The rent was KRW 2,58,520, annually, and the period from October 1, 2017 to September 30, 2020.

B. On January 30, 2007, the Defendant entered into a sub-lease contract with the Plaintiff and each of the stores of this case with the deposit for sub-lease KRW 85,00,000, monthly rent KRW 3,500,000, and the period from the same day to January 30, 2007, and operated its business at each of the stores of this case.

Since then, the above sub-lease contract has been renewed on January 30, 2013, and the plaintiff and the defendant concluded a sub-lease contract with 85,000,000 won for the sub-lease deposit, 4,000,000 won per month for the rent, and 4,00,000 won from the same day until January 30, 2015, and the above sub-lease contract has been renewed (hereinafter collectively referred to as the "sub-lease contract in this case").

On November 19, 2018, the Plaintiff sent to the Defendant a content-certified mail stating that “if the instant sub-lease contract expires on January 30, 2019, the six-year period expires, and the new lease contract is sought, the deposit will be increased to KRW 4,600,00, and the rent will be increased to KRW 4,600,00, and if there is no intention to renew the contract in writing, the Plaintiff will conclude the contract with another lessee,” and the content-certified certificate was served to the Defendant around that time.

On December 5, 2018, the Defendant responded to the purport that the Plaintiff wishes to renew the contract at KRW 4,200,000,000, and the Plaintiff and the Defendant are the rent.

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