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(영문) 인천지방법원부천지원 2019.10.16 2019가단17197
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B’s building from 14,33,570 to 14,33,570 to 27, 2019.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Nos. 2 and 6 evidence Nos. 1 and 1: (a) around November 29, 2015, the Plaintiff leased the building indicated in the order to Defendant B with a deposit of KRW 30 million, KRW 550,000,000 per month, and the period from December 27, 2015 to December 26, 2017; (b) the renewal of the above lease; (c) Defendant B was delayed from October 27, 2017; (d) Defendant B’s failure to pay management fees of KRW 4,116,430 on July 31, 2019; and (e) the Defendants’ failure to reside in the above building; and (e) the Plaintiff’s refusal to terminate the lease agreement on the ground of rent no. 500,000,000 on April 19, 2019.

However, in the event the lease contract is terminated, the lessor’s duty to return the deposit and the lessee’s duty to deliver the object are in the simultaneous performance relationship. Accordingly, Defendant B is obligated to return the said building to the Plaintiff, and Defendant C is obligated to withdraw the said building from the said building at the same time, with the remainder of the deposit calculated at the rate of KRW 115,50,00 from October 27, 2017 to July 26, 2019, the sum of the rent of KRW 115,50,00 for 21 months from October 27, 2017 and the management fee of KRW 4,116,430,00 from the date following the above calculation date, from July 27, 2019 to the date the delivery of the said real estate is completed.

2. As to the determination of the Defendants’ assertion, the Defendants alleged that the Plaintiff understood the leased body, but there is no evidence to acknowledge it.

3. Thus, the plaintiff's claim is partially accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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