(영문) 인천지방법원부천지원 2019.04.23 2018가단108522

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(영문) 인천지방법원부천지원 2019.04.23 2018가단108522

건물명도(인도)

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1. The defendant (Counterclaim plaintiff) is jointly and severally real estate listed in the list of real estate in the annexed sheet to the plaintiff (Counterclaim defendant).

Reasons

1. Facts of recognition;

A. On April 29, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants, stipulating that each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) shall be leased KRW 22,00,000, monthly rent, KRW 2,000,000, and the lease term from April 29, 2016 to April 29, 2018 (hereinafter “instant lease agreement”).

Article 5 of the instant lease agreement (Evidence 1) provides, “If the instant lease agreement is terminated, the lessee shall restore each of the instant real estate to its original state and return it to the lessor,” and Article 1 of the said agreement provides, “The lessee shall restore to its original state or compensate for it when the present facilities are damaged.”

B. On April 29, 2016, the Plaintiff delivered each of the instant real estate to the Defendants under the instant lease agreement.

C. (1) On October 31, 2017, the Plaintiff sent text messages to the Defendants on behalf of the Plaintiff on October 31, 2017, and expressed his/her intent to refuse the renewal of the instant lease by sending text messages to Defendant B, his/her mother, on behalf of the Plaintiff. The Defendants also received the said text messages (the Defendants’ preparatory documents dated September 10, 2018), and (2) the Defendant Company: (a) the content-certified mail on March 12, 2018 and April 11, 2018; (b) the Defendant Company sent each of the instant text messages to Defendant B on March 20, 2018 and on April 11, 2018, each of the instant text messages sent to Defendant B on September 31, 2017; (c) the Plaintiff sent each of the instant items verifying the contents of the instant lease to the Defendant Company and each of the Defendants on September 21, 2018.

The fact that each of the instant real estate was sold shall be notified.

유사 판례

-제주지방법원 2016.11.29 2016가단54734

-창원지방법원 2014.12.09 2013고단2752

-서울남부지방법원 2019.12.13 2019가합103325

-인천지방법원 2015.11.18 2015나6272

-광주지방법원 2013.10.02 2013고정1764