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(영문) 인천지방법원부천지원 2019.04.16 2018가단8547
건물명도
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. On April 18, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant by setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 3,000,000, and the term of lease from April 20, 2017 to April 19, 2018 (hereinafter “instant lease agreement”).

Article 2 of the Special Agreement on the Lease Contract of this case provides that "A lessor may terminate the lease contract in the event of a default of two years in the rent."

B. On April 20, 2017, the Plaintiff delivered the instant real estate to the Defendant under the instant lease agreement.

C. The Defendant did not pay the Plaintiff the monthly rent after December 2017 under the instant lease agreement. The sum of the monthly rent and the amount equivalent to the monthly rent from December 21, 2017 to February 20, 2019 is KRW 42,00,000 (=3,000,000 per month x 14 months).

After the expiration of the term of the instant lease agreement, the Plaintiff extended the deadline for the delivery of the instant real estate at the Defendant’s request from May 31, 2018.

In addition, the Plaintiff, through a licensed real estate agent office, only C wishing to rent the instant real estate while displaying a new lessee. On May 4, 2018, the Plaintiff concluded a lease agreement with C to lease the instant real estate by setting the lease deposit of KRW 70,000,000 (=the remainder of KRW 63,000,000), monthly rent of KRW 3,000,000, and the lease term of KRW 3,000 from May 31, 2018 to May 30, 2020 (hereinafter “lease 2”).

E. On June 11, 2018, the Plaintiff: (a) by content-certified mail to the Defendant; and (b) despite the expiration of the term of the instant lease agreement on April 19, 2018, the Defendant continues to reside in the unpaid monthly rent (18 million won) and management expenses.

Accordingly, the Plaintiff provided the Defendant with an opportunity to leave twice on May 31, 2018, and June 5, 2018, but the Defendant provided the opportunity to leave.

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