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(영문) 인천지방법원부천지원 2020.07.23 2019가단108772
건물인도
Text

Defendant C Co., Ltd. shall provide the Plaintiff with the indication 1, 2, 3, 4, and 1 of the attached drawings among the real estate 1 floor listed in the attached list.

Reasons

Facts of recognition

가. 원고들은 별지 목록 기재 부동산 1층 중 별지 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈎부분 97.8㎡(이하 ‘이 사건 E, F호 상가’라 한다)를 균분하여 공유하는 소유자들이다.

B. On August 7, 2015, Plaintiff A and G (the spouse of Plaintiff A and the mother of Plaintiff B) concluded a lease agreement with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) on the instant case’s lease deposit amounting to KRW 15 million, monthly renting KRW 110,000 (including value-added tax) and August 15, 2015 through August 15, 2017.

C. On May 3, 2018, Plaintiff A and G entered into a renewal contract with Defendant Company, setting the lease deposit of KRW 15 million with respect to the instant E and F stores, KRW 1.1 million per month of rent, and the term of lease from May 3, 2018 to May 2, 2020 (hereinafter “instant lease contract”). D.

The Defendant Company paid 15 million won out of the deposit amount stipulated in the instant lease agreement, and continued to delay the rent until May 2019.

Accordingly, on May 25, 2019, Plaintiff A and G filed an application with Defendant Company for a payment order claiming the performance of KRW 34,532,400 of the unpaid rent as of May 25, 2019. Accordingly, the payment order issued on June 17, 2019 by the court was finalized on July 23, 2019.

(F) The Daegu District Court Branch 2019, 588, e.g.

Plaintiff

On July 10, 2019, A and G notified the Defendant Company by content-certified mail that the instant lease agreement will be terminated on the grounds of three or more times of delinquency in rent, and the said notification reached the Defendant Company on July 15, 2019.

F. Meanwhile, the Defendant Company subleted the instant E and F commercial buildings without the consent of the Plaintiff, etc. to Defendant D without permission, and Defendant D, operating the real estate agent office in the said commercial building, and leaving the office around December 27, 2019.

【Ground of recognition】 There is no dispute;

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