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(영문) 인천지방법원 2019.08.28 2019가단218751
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) 8,907,980 won and January 1, 2019.

Reasons

1. Basic facts

A. On January 31, 2006, the Defendant may terminate the lease contract if he did not pay for the lease period from March 2, 2006 to 24 months from the deposit, KRW 20,000,000, monthly rent of KRW 1,200,000 (excluding value-added tax) and monthly rent of KRW 1,20,00, and KRW 2,000, monthly rent of each real estate listed in the separate sheet (hereinafter “instant real estate”), which is owned by the Plaintiff. Various public charges imposed on the lessee’s business under the name of the lessor shall be borne by the lessee, and the lessee shall be leased from each other (hereinafter “instant lease contract”), and thereafter, he/she occupies the instant real estate after delivery from each other.

B. The Defendant and the Plaintiff continued to renew the instant lease agreement, and the term of lease of the instant lease agreement renewed on or before February 2, 2017 is until February 2, 2020, and deposit is KRW 20,000,000, and monthly rent is KRW 1,500,000 (excluding value-added tax).

C. From February 2018, the Defendant began to delay the monthly rent under the instant lease agreement. Accordingly, around October 22, 2018, the Plaintiff sent to the Defendant a document verifying the content of the instant lease agreement to the effect that the Plaintiff terminated the instant lease agreement on the grounds of the failure to pay monthly rent for at least three months, and demands the Defendant to deliver the instant real estate by December 31, 2018.

As of December 31, 2018, the monthly rent that the Defendant delayed to the Plaintiff is KRW 8,470,000 in total.

On the other hand, the defendant did not pay 437,980 won for causing traffic congestion in 2018.

[Ground of recognition] Facts without dispute, entry of Gap1 to 3 evidence (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease contract was terminated. Thus, the Defendant, barring special circumstances, delivered the instant real estate to the Plaintiff and delivered the instant real estate to the Plaintiff, public charges, and unjust enrichment on the monthly rent, public charges, and monthly rent (8,470,000 won) and KRW 8,907,980.

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