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(영문) 인천지방법원부천지원 2016.03.24 2015가단114243
건물명도
Text

1. The Defendant is not less than 580.38§³ of real estate listed in the attached list to the Plaintiff.

(a) an indication 1, 2, 3, 4, 1 of the Appendix 1.

Reasons

1. Determination on the cause of the claim

(a) The following facts are not disputed between the parties, or may be admitted in each entry (including additional numbers) in Gap evidence 1 to 17, taking into account the overall purport of the pleadings:

1) On November 29, 2011, the Plaintiff and the Defendant are as follows: (a) one story of real estate listed in the attached Table 1, 2, 3, 4, and 1, among the real estate listed in the attached Table 580.38 square meters owned by the Plaintiff, part 153.09 square meters in the ship to be viewed annually (hereinafter “one story in the instant case”).

(2) Part 198.42 square meters inboard (hereinafter referred to as “second floor in this case”) in order to see each point of No. 5, 6, 7, 8, 9, 10, 11, and 5 of Appendix 2 attached hereto.

As to the lease deposit, KRW 30 million, KRW 24 million per month (excluding value-added tax), the lease period from January 1, 2012 to December 31, 2016, and the Defendant’s delayed payment of rent, etc. for more than two months, the Plaintiff entered into a lease agreement by setting the Plaintiff’s right to immediately terminate the contract, and the Defendant leased the first floor and second floor of the instant commercial building to the Defendant. 2) From August 2014, the Defendant delayed the lease of rent, etc. for more than two months until then.

B. According to the above facts, the grounds for termination stipulated in the instant lease agreement have occurred due to the Defendant’s delinquency in payment for not less than two months, and the fact that the duplicate of the complaint of this case containing the Plaintiff’s declaration of termination on the grounds thereof was served on the Defendant on November 10, 2015 is significant in this court.

Therefore, since the instant lease contract was lawfully terminated and terminated, the Defendant is obligated to deliver the first and second floors of the instant commercial building to the Plaintiff.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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