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(영문) 인천지방법원부천지원 2016.03.04 2015가단26377
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From June 24, 2015, the above A

subsection (b).

Reasons

1.The lessor may terminate the present contract without delay, if the deferred amount of the rent of the lessee under section 4 [Cancellation of the Contract] reaches the amount of two rents for the second period.

[Matters of Special Agreement]

1. The lessee may not claim to the lessor the premium and the right of retention, and the contract shall be terminated in the event that the lessor does not pay the monthly rent 2 years overdue.

3. The lessor shall be a condition that the lessee may extend the lease by priority at the time of the month: Provided, That the monthly rent shall correspond to the market price at the time of the month;

(c) a.

On February 24, 2013, the Plaintiff entered into a lease agreement between the Defendant and the attached list (hereinafter “instant real estate”) with respect to the real estate (hereinafter “instant real estate”), which set the deposit amount of KRW 60,000,000, monthly rent of KRW 4,100,000 (in addition to value-added tax, payment on the 24th day of each month), and the lease period from February 24, 2013 to February 24, 2015 (hereinafter “instant lease agreement”).

The main parts of the instant lease agreement relating to the instant case are as follows.

B. The Plaintiff transferred the instant real estate to the Defendant prior to the date of conclusion of the instant lease agreement, and the Defendant is operating a restaurant with the trade name “C” on the instant real estate until the date of conclusion of the pleadings.

C. By November 5, 2015, the filing date of the instant lawsuit, the Defendant paid only the rent to the Plaintiff until April 2015 (from March 24, 2015 to April 24, 2015). The Defendant additionally paid the rent for each of November 25 and December 24, 2015, which was the date of the instant lawsuit.

On November 5, 2015, the Plaintiff submitted to this court a complaint containing the intent to terminate the instant lease agreement on the grounds of the delinquency in rent, and the Defendant received it on November 13, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant did not pay more than two vehicles as stipulated in the instant lease agreement, and on this ground, the Plaintiff’s expression of intent to terminate the instant lease agreement to the Defendant on November 13, 2015.

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