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(영문) 인천지방법원 2020.10.14 2020가단203380
건물인도
Text

For the plaintiffs, the defendant

(a) Of the real property listed in the separate sheet, each point is indicated in the separate sheet No. 4, 5, 8, 9, 4.

Reasons

1. Facts of recognition;

A. On May 11, 2018, the Plaintiffs leased the lease deposit amount of KRW 10,00,000,000 for lease deposit, KRW 1,20,000 for the rent month (payment in advance on May 25, 201), and the lease period of KRW 1,20,00 for the rent month (payment in advance on May 11, 2018 through May 10, 2020, connected each point of KRW 4,5,8,9, and 4 of the attached drawings among the real property in the attached list to the Defendant.

(hereinafter “instant lease agreement”). At the time of entering into the instant lease agreement, the Plaintiffs and the Defendant agreed to increase the lease deposit amount by KRW 10,000,000 per month on May 11, 2019, taking into account the construction period and the period of preparation for business at the time of entering into the instant lease agreement.

B. The Defendant paid KRW 10,000,000 to the Plaintiffs, and around that time, operated a beauty shop with delivery of the instant building from the Plaintiffs. On June 2019, the Defendant paid KRW 5,000,000 among the lease deposit agreed to be additionally paid to the Plaintiffs.

C. On August 25, 2018, the Defendant delayed the payment of the rent from September 25, 2018, in addition to the payment of the rent of KRW 1,200,000 for once to the Plaintiffs. On July 22, 2019, the Plaintiffs notified the Defendant that the instant lease contract was terminated on the grounds of the Defendant’s delinquency in rent, and thereafter, the Defendant reached the Defendant’s declaration of intention at that time.

The defendant uses and benefits from the building of this case by operating an beauty shop directly or sublet it to a third party without the plaintiffs' consent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7 through 12, and 14, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated according to the reaching of the defendant around July 2019, on the grounds that the defendant's expression of termination on the grounds of delinquency in rent reaches the defendant. Thus, the defendant is obligated to deliver the instant building to the plaintiffs.

In addition, the defendant from September 25, 2018.

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