(영문) 인천지방법원 2017.04.13 2016가단250365

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(영문) 인천지방법원 2017.04.13 2016가단250365

건물명도

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1. The Defendants are indicated in the attached Form 2. Drawings among the indicated real estate in attached Form 1.1, 2, 3, 4, and 1.

Reasons

1. As to the cause of claim

A. A. Around May 9, 195, the Plaintiff entered into a modified contract with Defendant B on the following: (a) the indication of drawings on the attached Table 2; (b), (3), (4), and (1) the part (Ga) part (Ga) and 38.5 square meters (hereinafter “instant building”) connected each point in sequence with the Plaintiff; (b) on July 17, 2013, the instant building was changed from July 17, 2013 to July 16, 2015; (c) the lessee restored the instant building to its original state and returned it to the lessor after the expiration of the lease period; and (d) the lessee concluded a contract with Defendant B, without the Plaintiff’s consent, on March 14, 2015, returning the instant building to the lessor; and (e) the lessee leased the instant building to Defendant B as the instant building to KRW 500,500,000,000,000.

3) As of September 30, 2016, Defendant B delayed KRW 4,600,000. On October 28, 2016, the Plaintiff sent to Defendant B a content-certified mail to the effect that the lease of this case is terminated on the grounds of the delinquency in rent, and the content-certified mail reached October 31, 2016. [Defendant B: Each entry in the evidence Nos. 1 through 4, the overall purport of the pleadings, and Defendant C, D: Confession.

B. Since the termination of the lease of this case on October 31, 2016 upon the termination of the lease of this case, the Defendants, either the lessee of the building of this case or the unauthorized occupant, are obligated to deliver the building of this case to the Plaintiff. ② Defendant B, as to the overdue rent of 4,600,000 won and the amount of delay damages at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 1, 2017 to the date the copy of the complaint of this case is served, and the amount of delay damages at the rate of 30,000 won per month from October 1, 2016 to the date the delivery of the building of this case is completed.

2. Defendant B’s assertion

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