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(영문) 인천지방법원 2019.09.05 2019가단3843
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached drawings among the real estate of 48.73 square meters on the one-story listed in the attached list.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list.

B. On August 12, 199, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the 23.2m2m2 in the part of the store at the port connected each point of 1, 200,000 won and the 300,000 won per month (payment on the 22th day of each month) in the attached Table among the buildings listed in the attached Table list.

C. around 200, the Plaintiff and the Defendant agreed to reduce the rent of the instant lease agreement from KRW 300,000 per month to KRW 250,000 per month, and the Defendant occupied and used the instant store.

[Ground for recognition - Unsatisfy, entry of Gap evidence 1, 2, and 12, the purport of the whole pleadings]

2. Determination as to the principal lawsuit

A. Determination 1 as to the cause of the claim does not dispute between the parties, or comprehensively taking account of the overall purport of the arguments in the statement in Gap evidence Nos. 3 through 8, and 11, the defendant completely unpaid to the plaintiff from September 2003 to October 2018. The defendant paid the plaintiff the rent of KRW 200,000,000 for 12 months from August 2017 to December 2018. The plaintiff did not pay the plaintiff the unpaid rent by January 31, 2019, if the plaintiff did not pay the contract of this case to the defendant by January 31, 2019, it is acknowledged that the plaintiff sent a certificate to the effect that the lease of this case will be terminated. According to the records, it is clear that the plaintiff's complaint of this case delivered the contract of this case to the defendant on February 22, 2019, the defendant's duty to pay the lease of this case and the delay damages of this case was lawfully terminated.

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