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(영문) 인천지방법원 부천지원 2018.05.02 2017가합103862
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

On March 1, 2017, A determined the lease deposit amount of KRW 600 million with respect to the building listed in the attached list (hereinafter “instant real estate”) with the Defendant, and the rent of KRW 25,00,000 per month (excluding value-added tax), and non-acceptance period (1, 2, 7, and 8 August) with respect to the lease deposit of KRW 22,50,000 per month (excluding value-added tax), management fee of KRW 10,000 per month (excluding value-added tax), and the lease contract of KRW 10,00,00 per month from April 1, 2017 to April 1, 202; however, the lease contract of KRW 5,00 for the period of construction work of KRW 3 months is exempted from the lease contract of KRW 25,00 per month (excluding value-added tax); however, the lease contract of KRW 3 months from the date of early termination without the contract of Article 5).

(hereinafter “instant lease agreement”). On March 23, 2017, A concluded a trust agreement with the Plaintiff on the instant real estate (hereinafter “instant trust agreement”) with the Plaintiff, and the Plaintiff completed the registration of ownership transfer on the same day on the grounds of trust.

The Defendant paid the rent of KRW 24.75 million to the account in the name of A, KRW 27.5 million on August 9, 2017, KRW 27.5 million on October 20, 2017, KRW 27.5 million on October 24, 2017, and KRW 27.5 million on October 24, 2017, and did not pay the rent to the Plaintiff or A. On October 20, 2017, the Defendant paid each management fee of KRW 10,100,000 as the account in the name of the instant real estate management company on November 8, 2017, and paid each management fee of KRW 10,000 in the name of the instant real estate management company.

At the time of the instant lease agreement, the Defendant paid KRW 200 million to A, and the remaining KRW 400 million to the Plaintiff agreed to “payment after the expiration of the remaining lease term of the existing subcontractor that has leased part of the instant real estate,” but the remaining security deposit was not paid to A even after the lease term of the existing subcontractor expires and A returned all the security deposit to the existing subcontractor around December 2017.

The Plaintiff’s termination of the instant lease agreement on the grounds of the Defendant’s delayed rent and the unpaid deposit.

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