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(영문) 인천지방법원 2018.06.07 2017나11049
건물명도
Text

1. The part against Defendant B in the judgment of the first instance is modified as follows:

Defendant B from the Plaintiff 1,424.

Reasons

1. Basic facts

A. The Plaintiff owns the building indicated in the attached Table 1 building (hereinafter “instant building”), and Defendant B is the father and wife of Defendant C.

B. On June 13, 2010, Defendant B: (a) leased the leased deposit amount of KRW 5,000,000, monthly rent of KRW 350,000, and KRW 350,000; and (b) around that time, Defendant B paid the leased deposit to the said D, etc. and received the delivery of the leased portion from Defendant C and resided in the leased portion from that time.

The above lease contract was renewed on June 13, 2012 under the same conditions as the previous one even after the lease term expires.

C. On June 15, 2015, the Plaintiff purchased the above building from the above D and E and completed the registration of ownership transfer in the future of the Plaintiff on June 15, 2015. On June 15, 2015, the Plaintiff succeeded to the status of the lessor of the said lease, and entered into a lease agreement (No. 1) with Defendant B, setting the lease deposit amount for the lease deposit amount of KRW 5,000,000, monthly rent of KRW 350,000, and the lease term of June 13, 2016 (hereinafter “lease”).

On June 13, 2016, the above lease term expires, the Plaintiff agreed to renew the above lease contract under the same conditions as the previous one without setting the lease term with Defendant B.

E. From June 13, 2016 to February 2017, Defendant B continued not to pay that monthly rent to the Plaintiff. On February 27, 2017, Defendant B notified Defendant B of the termination of the instant lease agreement by serving a duplicate of the instant complaint on the grounds of the delinquency in rent for at least two years from June 2016 to June 27, 2017 (hereinafter “instant termination notification”).

F. The Defendants on January 2017

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