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(영문) 인천지방법원부천지원 2015.10.07 2015가단105300
건물명도
Text

1. The defendant shall be the plaintiff.

A. Among the buildings listed in the attached list, the contents of the drawings indicated in the attached list are

Reasons

1. Facts of recognition;

A. On October 9, 2002, the Plaintiff leased to the Defendant and his husband C the “unregistered shop in the container stop form” (hereinafter “instant container store”) located on the ground of the land owned by the Plaintiff, on the ground of the land owned by the Plaintiff.

At the time, the deposit was set at KRW 10 million, and the rent was set at KRW 300,000 per month.

Around that time, the Defendant and C occupied and used the container store of this case for the purpose of a high-household store. Even after the expiration of the agreed lease term, the Defendant and C continued to use the store by mediating rent, etc. by mutual agreement with the Plaintiff.

B. On February 2008, the Plaintiff and the Defendant agreed to increase the lease deposit in KRW 25 million, and KRW 700,000 per month, while changing the leased object to a part of the above land-registered building (the instant concrete store in the text; hereinafter “instant concrete store”).

Around that time, the Defendant received delivery of the instant concrete store, and occupied and used the instant concrete store for the same purpose as the previous ones.

On February 28, 2013, the Plaintiff and the Defendant adjusted the rent even after the expiration of the agreed lease term, and maintained the deposit amount of KRW 25 million, but increased the rent by KRW 850,000 per month (excluding value-added tax), and changed the terms of the lease from February 28, 2013 to February 28, 2015.

(hereinafter “instant lease agreement”). C.

On September 19, 2009, the Defendant paid a total of KRW 24 million to the Plaintiff (the amount of KRW 1 million from KRW 25 million to KRW 25 million to be paid) as the lease deposit, including paying KRW 10 million to the Plaintiff, when leasing the container store of this case.

On the other hand, the Defendant did not pay KRW 17,395,00 out of the rent from the time when the object of lease was changed to the instant concrete store to April 28, 2014, and thereafter.

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