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(영문) 인천지방법원 2018.12.28 2018가단30817
건물명도등
Text

1. The Plaintiff:

A. The Defendants deliver the housing indicated in the separate sheet;

B. Defendant B shall be from January 30, 2018 to the annexed sheet.

Reasons

1. Facts of recognition;

A. On June 30, 2017, the Plaintiff, on June 30, 2017, leased a house listed in the attached Table (hereinafter “instant house”) to Defendant B as KRW 10 million, KRW 700,000 per month, KRW 30,000 per month, management expenses, and the period from June 30, 2017 to June 29, 2019 (former lease agreement was renewed once).

B. Defendant B received the instant house from the Plaintiff on June 30, 2017, and continuously occupied and used it with Defendant C, the husband, and did not fully pay the Plaintiff rent after January 30, 2018 and the management fee after March 30, 2017.

C. The plaintiff notified the defendant B of the termination of the above lease agreement on the ground that he did not pay rent and management fee by serving the duplicate of the complaint of this case.

(Service Date on October 31, 2018) (Service Date) / Defendant / [Grounds for Recognition]

1. The defendant: Facts without any dispute, entries in Gap evidence 1, 2, and 3, and the purport of the whole pleadings;

2. Confession: Deemed confession;

2. Determination of the above lease agreement was lawfully terminated by the Plaintiff’s notice of termination.

The Defendants are obligated to deliver the instant housing to the Plaintiff, and Defendant B is obligated to pay the amount of rent or unjust enrichment equivalent to KRW 700,000 per month from January 30, 2018 to the completion date of delivery of the said housing, and to pay management expenses according to the ratio of KRW 30,000 per month from March 30, 2017 to the completion date of delivery of the said housing.

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