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(영문) 인천지방법원부천지원 2015.07.17 2015가단5004
건물명도등
Text

1. Defendant B:

(a) deliver the real estate listed in the separate sheet;

B. From May 1, 2014, the above-mentioned A

subsection (b).

Reasons

A. Among them, the lessee of the instant real estate is changed from E to Defendant B, and each of the remainder is above B.

A new lease agreement was entered into with the same content as the paragraph.

(hereinafter “instant lease agreement.” Defendant C signed the instant lease agreement on the condition that the lessee consents to a change in the name of the lessee as a father of the instant lease agreement. When the lessee fails to pay rent for at least two consecutive years among the special terms and conditions of the instant lease agreement, the lessor may immediately terminate the instant lease agreement if the lessee fails to pay rent for at least two consecutive years.

Matters of special agreement

2. 5,00,000 won out of the security deposit shall be paid until June 30, 2013, and if such time limit expires, it shall be deemed to be a breach of contract due to the failure to pay any balance and shall be deemed as a penalty for breach of contract and shall be entitled to the name of the building at the same time as the refund of the security deposit without any separate peremptory notice.

In the event of a delay in rent for at least two years, it shall be restored to the original state within one month without any separate condition, and the name of the building shall be completed.* Re-preparation after changing E in the name of B at the tenant's request. Details shall be as follows:

C. After concluding the instant lease contract, the Plaintiff transferred the instant real estate to Defendant B, and Defendant B did not pay KRW 5,000,000, out of the deposit amount stipulated in the instant lease agreement.

From July 2013, Defendant B did not pay a vehicle according to the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the instant complaint contains two or more times of arrears, and on this ground, the Plaintiff’s declaration of intent to terminate the instant lease agreement, and contains a statement inferred by the Plaintiff’s declaration of intent to terminate the instant lease agreement (if the purport of the claim is unclear, however, the claim contained in the instant complaint seeking delivery of the instant real estate and payment of overdue rent to Defendant B).

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