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(영문) 인천지방법원 부천지원 2018.09.13 2017가단108471
건물명도(인도)
Text

1. The Defendant shall deliver from May 31, 2018 to the Plaintiffs the real estate stated in the separate sheet from 83,223,300.

Reasons

1. Basic facts

A. On May 13, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to D and the instant real estate as the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”) on May 13, 2014, on the 30th day of each month, on a monthly rent of KRW 100,000,000, monthly rent of KRW 350,000 (Additional Tax Table), and on May 29, 2016 (hereinafter “the instant lease agreement”).

B. On March 28, 2016, the Plaintiffs purchased the instant real estate from the said D and acquired ownership on June 2, 2016.

C. On November 22, 2017, the Plaintiffs’ “application for amendment to the purport of the claim and the cause of the claim” as of November 27, 2017, which concluded that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent of at least three occasions, was served on the Defendant on November 27, 2017. As of November 27, 2017, the Defendant did not pay the Defendant the sum of KRW 12,326,700 (total value added tax of KRW 3,826,70,000, total value added tax of KRW 8,500,000).

On May 30, 2018, the Defendant did not pay the Plaintiffs a total of KRW 16,776,700 in value-added tax (total of KRW 10,500,000 in monthly rent).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3 (including paper numbers), Gap evidence 7 (including paper numbers), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was duly terminated on November 27, 2017, on the grounds of the Defendant’s delinquency in payment of rent for at least three years, on which the Plaintiffs’ claim and application for change of the cause of the claim were served on the Defendant on November 22, 2017.

Therefore, the defendant is paid the remaining amount after deducting the amount equivalent to the rent of KRW 3,850,00 per month calculated from May 31, 2018 to the completion date of delivery of the real estate in this case from KRW 83,223,30 ( KRW 100,000,000 in lease deposit - KRW 16,776,70 in total as of May 30, 2018).

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