(영문) 인천지방법원부천지원 2017.06.21 2017가단4142

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(영문) 인천지방법원부천지원 2017.06.21 2017가단4142

건물인도 등

Text

1. From February 3, 2017 to February 3, 2017, the Defendant is from the Plaintiff’s KRW 20,000,000 to the date of completion of delivery of the building as indicated in the separate sheet.

Reasons

1. On October 8, 2015, the Plaintiff purchased a building listed in the separate sheet and succeeds to the previous lease after completing the registration of ownership transfer. On October 16, 2015, the Plaintiff: (a) leased the said building to the Defendant on a fixed deposit of 20 million won; (b) monthly rent of 2.2 million won (including additional tax); and (c) from October 16, 2015 to 12 months; and (d) if the lessee is in arrears of 2 or more periods, the lessor may cancel the lease; (b) the Defendant paid the rent from July 3, 2016 to the Plaintiff from July 3, 2016 while operating the said building with his trade name; (c) the Plaintiff was in arrears from February 3, 2017 to notify the termination of the said lease by delivery of a duplicate of the complaint in this case; or (d) there is no dispute between the parties concerned; or (d) the Plaintiff’s notification of the termination of the said lease by delivery of a copy of the complaint in this case.

2. Determination

A. According to the above facts, the above lease contract was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s delayed delay, barring any special circumstance, the Defendant is obligated to deliver the building indicated in the separate sheet to the Plaintiff, and to pay the Plaintiff the rent or the amount of unjust enrichment of the rent party from February 3, 2017 to February 2, 200,000 per month.

B. The defendant's assertion and the claim for deduction of KRW 30 million for the cost of removal of the 1 facility against the defendant's assertion and the claim for deduction of KRW 1,00,000,000 for the cost of removal of the 30,000 won for the 1,000 won for the 30,000 won for the 1,000 won for the 30,000 won for the 30,000 won for the 30,000 won for the 3

On the other hand, the defendant's above assertion that D alone imposes 30 million won on the cost of removing the facility.

In addition, 30 million won was succeeded to the Plaintiff.

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