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Reasons
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(영문) 인천지방법원 부천지원 2018.07.12 2017가단118232
건물명도(인도)
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1. From 19,00,000 to 19,000 won, the Defendant is among the first floor of the building listed in the attached Table (4) from April 1, 2018.

Reasons

1. Basic facts

A. On June 29, 2009, the Defendant entered into a lease agreement with SamyangT Co., Ltd. and the Defendant for the lease of KRW 10,000,00,000, monthly rent of KRW 1,50,00, and from July 1, 2009 to June 30, 2010, with regard to the portion of the attached drawings of KRW 330.56m2, among the first floor of the building listed in the attached Table (4), the Defendant paid the lease deposit. Accordingly, the Defendant paid the lease deposit.

B. On December 3, 2014, the Plaintiff merged Samyangex Co., Ltd.

C. The above A.

On June 15, 2016, the plaintiff and the defendant added the (B) section 132.23m2 [the above (a) part and (b) part] of the attached Table 132.23m [the "factory of this case"] among the three floors of the building listed in the attached Table 5, 6, 7, 8, and 5 among the three floors of the building listed in the attached Table 4, to the leased object, and the lease period was changed to 1,900,000 won by June 30, 2017.

(hereinafter “instant lease agreement”). D.

On December 13, 2016, the Plaintiff paid to the Defendant the increased portion to KRW 19,00,000,000, monthly rent of KRW 100,000 for the instant lease agreement, and notified the Defendant of the impossibility of re-contract of the instant lease agreement unless it is paid by May 31, 2017.

E. On May 30, 2017, the Defendant paid the Plaintiff KRW 9,000,000 to increase the lease deposit.

F. There was a dispute as to whether the instant lease agreement with the Defendant was extended until June 30, 2018. On April 25, 2018, the Plaintiff sent a certification of the fact that the instant lease agreement terminated on June 30, 2018, and that no longer intended extension was made. The content certification was served on the Defendant on April 26, 2018.

G. Meanwhile, the Defendant did not pay the Plaintiff the monthly rent from April 1, 2018.

[Reasons for Recognition] There is no dispute, Gap evidence 1, Gap evidence 3, Gap evidence 6, and Gap evidence 9-1, 2, and 9-1.

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