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(영문) 인천지방법원부천지원 2020.07.10 2019가합104432
건물명도(인도)
Text

From 27,800,000 to 31, 2020 to 27,000 won, the Defendant shall deliver the real estate listed in the separate sheet 1 from May 31, 2020 to 1.

Reasons

Facts of recognition

On October 4, 2019, the Plaintiff completed the registration of transfer of ownership on the ground of a sales contract concluded with the Incheon District Court, 79474, which was received on October 4, 2019, with respect to the land of this case (hereinafter “instant land”), Kimpo-si, Kimpo-si, Kimpo-si, Dapo-si, Kimpo-si, and 726 square meters of D road (hereinafter “instant land”). On April 8, 2019, the Plaintiff completed the registration of transfer of ownership on the ground of a sales contract concluded with E on April 4, 2019. The Plaintiff completed the registration of transfer of the ownership on the second class neighborhood living facilities in the second class of the 2nd floor of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-dong, Kimpo-dong, 79475, Oct. 4, 2019.

Around May 31, 2010, the Defendant entered into a lease agreement with respect to the part on the ship (A) site connected with each point of Annex 1, 2,3,4,5,6, and1 among the instant land and the instant land, and part of 105.25 square meters of the instant building (hereinafter “instant real estate”), and paid KRW 30,000,000,000, the Defendant received the instant real estate as delivery, and carried out the car license and the Vice General.

On April 30, 2018, the Defendant renewed the above lease agreement with E, and completed the lease agreement by setting the deposit of KRW 30,000,000, monthly rent of KRW 2,000,000 (excluding value-added tax) and the lease period from May 31, 2018 to May 30, 2020.

(hereinafter referred to as “instant lease agreement”). [The grounds for recognition: the absence of dispute, Gap evidence Nos. 1 through 3 (if any, including a serial number; hereinafter the same shall apply)

(2) As seen earlier, the Plaintiff, the assignee of the instant real estate, concluded the instant lease agreement and carried out the business of the Katata and the third secretary general on the instant real estate. As such, the instant lease agreement constitutes a commercial building lease to which the Commercial Building Lease Protection Act applies, and the Plaintiff, the assignee of the instant real estate, pursuant to Article 3(2) of the Commercial Building Lease Protection Act.

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