logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.04.26 2017가단117451
건물명도(인도)
Text

1. The defendant shall receive KRW 2,800,000 from the plaintiff, and at the same time, the building specified in attached Table 1 shall be attached to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 25, 2012, the Defendant entered into a lease agreement with Samyang Tech Co., Ltd. and the Defendant on the lease deposit amount of KRW 10,00,000, monthly rent of KRW 800,00, and June 30, 2013, with respect to the portion (a) of the attached specification No. 1,2,3,4, and 1 among the first floor of the building listed in the attached Table No. 1 of the attached Table No. 1 of this case (hereinafter “instant factory”). Accordingly, the Defendant received the delivery of the instant factory by paying the lease deposit and paying the lease deposit.

B. On December 3, 2014, the Plaintiff merged Samyangex Co., Ltd.

C. The above A.

On June 15, 2016, the term of lease was changed by June 30, 2017, while the Plaintiff and the Defendant continued to lease the instant factory due to the renewal of the lease agreement, while maintaining the lease deposit and monthly rent as they are.

(hereinafter “instant lease agreement”). D.

On May 15, 2017, the Plaintiff sent to the Defendant a certificate of content stating the refusal to renew the lease of this case, and the said certificate reaches the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the instant lease contract was terminated on June 30, 2017 upon the Plaintiff’s rejection of renewal, the Defendant is obligated to deliver the instant factory to the Plaintiff, barring special circumstances.

3. Judgment on the defendant's defense, etc.

A. On December 13, 2016, the Defendant asserted that the instant lease agreement was renewed until June 30, 2018, as the Plaintiff subscribed to the renewal of the instant lease by increasing the deposit equivalent to ten times the rent, and that the Defendant consented thereto.

As seen earlier, the lease deposit of this case is monthly rent.

arrow