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(영문) 인천지방법원부천지원 2015.04.07 2015가단100879
건물명도
Text

1. From January 13, 2015 to January 13, 2015, the Defendants are attached Form 2.

Reasons

1.The following facts may be acknowledged, either in dispute between the parties or in the entry in Gap evidence 2 to 10, by integrating the whole purport of the pleadings:

On April 5, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants on the part of 189.56 square meters in the ship (hereinafter “instant real estate”) which connects each point of the attached Form 1, 2, 3, 4, and 1 among the real estate listed in the attached Table 1 list, with the following terms:

(1) If a lessee fails to pay a rent at least twice continuously or violates Article 3 (Change of Use and Sub-lease, etc.) on April 15, 2013 through April 14, 2015, the lease deposit amount of KRW 5,500,000 (payment on April 30, 201) monthly rent of KRW 50,000.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

(3) Matters stipulated in a special agreement: Additional tax shall be separate. When a monthly rent is delayed, the interest equivalent to 19% per annum shall be paid.

(b).

The Defendants, around April 15, 2013, received the instant real estate from the Plaintiff and operated a restaurant jointly “C” with the said real estate from around that time.

C. The Defendants did not pay the Plaintiff rent and management expenses, etc. after October 2014 regarding the instant real estate, and on which December 27, 2014, the Plaintiff sent to the Defendants a content-certified mail to the effect that the instant lease contract will be terminated on the grounds that the instant lease contract was terminated on more than two occasions due to the delinquency in payment of rent.

On the other hand, as of January 12, 2015, the overdue rent and unjust enrichment equivalent to the rent that the Defendants shall pay to the Plaintiff is 20,491,935 won.

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