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(영문) 인천지방법원 2019.05.31 2018가합899
건물명도등
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. The defendants are jointly and severally liable for 133,500.

Reasons

1. Basic facts

A. On January 13, 2016, the Defendants entered into a lease agreement with the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), with respect to the instant real estate, KRW 400,000,000 for the lease deposit, KRW 14,000 for the tea month (in addition to value-added tax, KRW 25,000 for each month), and the lease term from January 25, 2016 to January 24, 2018 (hereinafter “instant lease agreement”), and thereafter thereafter, began to operate the lodging establishment upon delivery of the instant real estate from the Plaintiff.

B. In order to secure the return of the lease deposit of the instant lease agreement, the Plaintiff completed the registration of the establishment of a lease on a deposit basis for the instant real estate from January 25, 2016 to January 24, 2018 (Seoul District Court No. 8306, Jan. 26, 2016).

(hereinafter “Registration of creation of chonsegwon”). C.

The Defendants occupied and used the instant real estate as a lodging establishment by the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 12 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the request for extradition

A. According to the facts of the judgment on the grounds of the claim, the instant lease agreement was terminated on January 24, 2018. Therefore, the Defendants, the occupants of the instant real estate, are obliged to deliver the instant real estate to the Plaintiff, barring any special circumstance.

B. Defendant B and C’s defense asserted that the Defendants are obligated to return the remainder after deducting the overdue rent of KRW 11,000,000 per month from the amount of KRW 400,000 under the instant lease agreement from the Plaintiff. However, as seen below, the Defendants are obligated to deliver the instant real estate at the same time.

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