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(영문) 인천지방법원부천지원 2016.12.01 2016가단709
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 4,711,830 won and October 17, 2016.

Reasons

1. Basic facts

A. On August 17, 2015, the Defendant entered into a lease agreement (see subparagraph 1 of the instant lease agreement; hereinafter referred to as “instant lease agreement”) with C, the former owner of the real estate listed in the separate sheet (hereinafter “instant store”) and used the instant store upon delivery. The Defendant entered into a lease agreement with C, the lease deposit of KRW 10,000,000, monthly rent of KRW 300,000, and the lease term of KRW 17, 2015 from August 17, 2015 to August 16, 2016.

B. The following provisions are stipulated in the instant lease agreement.

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the use or structure of the above real estate, sub-lease, transfer the right of lease or offer the security thereof, or use it for any purpose other than the list of the lease.

Article 4 (Termination of Contract) If the lessee fails to pay the rent for a period of three years or violates Article 3, the lessor may terminate the contract without delay.

C. On October 30, 2015, the Plaintiff purchased the instant store from C, and succeeded to the lessor’s status under the instant lease agreement.

On August 20, 2015, the Defendant registered the business of the instant store and operated the Kindo house. However, after October 2015, the Defendant subleted D the instant store to D and filed a report on the closure of the business registration on April 14, 2016.

D as of the closing date of the pleading of this case, the above store is used as a warehouse.

E. Meanwhile, from November 2015, the Defendant did not pay the Plaintiff the monthly rent stipulated in the instant lease agreement. As of the closing date of the instant pleadings, the Defendant unpaid total of KRW 1,411,830, including the electricity fee of the instant store (including the installation cost of the electric measuring instruments re-installation), KRW 983,520 (including the installation cost of the electric measuring instruments re-installation), water fee of KRW 383,810, and gas fee of KRW 44,500.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9, 10, 13, 14 through 16, and the purport of the whole pleadings as a result of an order to submit a report to the Director of the Kimpo Tax Office of this Court

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion.

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