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(영문) 인천지방법원 2018.11.14 2018가단17715
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) Among the real estate listed in the attached Form, each point is indicated in the attached Form 1, 2, 3, 4, and 1;

Reasons

1. Facts of recognition;

A. On April 20, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 25,00,000,000 (hereinafter “instant building”) on the part of the ship connected with each of the items in sequence, as indicated in the attached Form No. 1, (2), (3), (4), and (1) from May 1, 2017 to April 30, 2018, regarding the lease deposit amount of KRW 25,00,000,000 (excluding value-added tax), and the lease agreement (hereinafter “instant lease agreement”).

The Plaintiff received KRW 25,00,000 from the Defendant around that time, and delivered the instant building to the Defendant.

B. From October 2017, the Defendant delayed the rent and management expenses.

On January 2018, the Plaintiff expressed that the Defendant had no intent to renew the instant lease agreement.

Since May 1, 2018, the defendant has continuously occupied and used the building of this case until then.

From October 2017 to May 2018, the Defendant did not pay the amount equivalent to the rent from June 1, 2018, including the sum of KRW 25,359,837, late 4,435,509, and the rent from June 1, 2018.

C. The Plaintiff and the Defendant agree to deduct KRW 25,00,000 from the sum of the rent, management fee, and late payment charge (hereinafter “annual rent, etc.”) at present.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease contract was terminated on April 30, 2018, and thus, the Defendant is obligated to issue an order to the Plaintiff to order the instant building.

B. According to the above facts, if the Defendant deducteds KRW 25,00,000 from the lease deposit to be paid to the Defendant, such as overdue rent, etc., 29,795,346 to the Plaintiff, the above overdue rent, etc. (=29,795,346 - 25,00,000 won). Thus, the Defendant remains at KRW 4,795,346, - 25,000,00,000. Thus, the Defendant is paid in arrears, etc. to the Plaintiff.

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