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(영문) 인천지방법원부천지원 2016.08.12 2016가단103325
건물명도
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff asserted that the Defendant used the instant real estate as philosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosophical, the Defendant arbitrarily created a school kitchen in the instant

Since the Defendant uses and benefits from the instant real estate contrary to the purpose of lease, the Defendant terminated the lease agreement concluded with the Defendant by delivering a copy of the complaint of this case, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

2. Determination

A. On May 7, 2015, the Plaintiff: (a) determined the deposit amount of KRW 20,000,000 for the instant real estate and the Defendant who is bound by the brokerage of Licensed Real Estate Agent D; (b) on May 7, 2015, the Plaintiff shall pay KRW 10,000,000 each on the date of the contract; (c) paid KRW 1,50,000 each on May 18, 2015; and (d) paid KRW 1,50,000 each on the seventh day after May 17, 200; (c) the period from May 18, 2015 to May 17, 2020; and (d) the lessor may not use the instant real estate for any purpose other than for the purpose of the lease; and (e) the lessor may enter into a lease agreement by prescribing that the contract may be terminated (hereinafter referred to as “instant contract”).

(2) On the same day, the Defendant was paid the down payment of KRW 10,000,000 from the Defendant. (2) The instant real estate was used as a single office space without any specific distinction. However, after entering into the instant contract, the Defendant received in advance the instant real estate from the Plaintiff, and installed a legal party using various Buddhist, personal, religious bricks and teams, etc. on the instant real estate, and installed a kitchen facility, which is distinguishable from other spaces through partitions construction.

3. On May 18, 2015, the Plaintiff, who was unaware of the fact that the Real Estate was to establish a legal party in the instant real estate, was at the E Licensed Real Estate Agent Office operated by D around May 18, 2015, the remaining payment date of D, and, at D and the Defendant, the Plaintiff’s signboards, considering D and the Defendant’s legal party in the instant real estate, may sick up the building.”

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