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(영문) 인천지방법원부천지원 2016.08.30 2016가단11822
건물명도등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant apartment”) is an apartment owned by the Geum River Este Co., Ltd and managed by the Korea Housing Guarantee Co., Ltd as a trustee since March 30, 2012.

B. On December 15, 2013, the Plaintiff, who leased the instant apartment, concluded a sublease contract between the Defendant and the Defendant, stipulating that the instant apartment was sub-leaseed between KRW 20,000,000, monthly rent of KRW 800,000, and the period from January 25, 2014 to January 24, 2017.

(hereinafter “The instant sub-lease contract”). According to the said contract, it is stated that the instant lease contract may be terminated if the said contract is not in arrears on at least three occasions.

(see Article 7 of the above Agreement).

The defendant has acquired the apartment house of this case from around that time in accordance with the sub-lease contract of this case and has possessed it up to now.

Among the households of the apartment complex of this case, the litigation related to defects is in progress between the Si events, and the Defendant did not pay the Plaintiff rent from around October 2014 and the management fee from around July 2014.

E. On January 12, 2016, the Plaintiff sent to the Defendant a letter verifying the termination of the instant sub-lease contract on the grounds that the instant sub-lease contract was unpaid, and was served to the Defendant around that time.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated according to the plaintiff's declaration of termination on the ground of the defendant's delinquency in rent. Thus, barring any special circumstance, the defendant is obligated to deliver the apartment of this case to the plaintiff.

3. On the judgment of the defendant's assertion, the defendant is an apartment where it is impossible to sublease the apartment of this case, and whether the deposit should be returned because the related lawsuit is in progress.

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