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(영문) 인천지방법원 2019.01.16 2018가단239997
건물명도(인도)
Text

1. The Defendants deliver to each Plaintiff the real estate listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. On October 8, 2007, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff on a deposit amount of KRW 30 million, monthly rent of KRW 1100,000,000, and period of KRW 24 months with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”).

Even after the termination of the contract period, the Plaintiff and Defendant B have renewed the lease contract under the same conditions (hereinafter “instant lease contract”).

Defendant B subleted the instant real estate to Defendant C with the Plaintiff’s consent under the same conditions as the instant real estate.

Defendant C delayed the payment of monthly rent from 2017, while he directly paid monthly rent to the Plaintiff while running the real estate brokerage office in the instant real estate.

The Plaintiff notified Defendant B of the termination of the instant lease agreement and reached Defendant B on August 9, 2018 on the ground that the monthly rent was overdue for at least 11 years.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Assertion and determination

A. According to the facts of recognition of the above Paragraph 1 as to the cause of the claim, the instant lease agreement was lawfully terminated upon the Plaintiff’s termination notice on the ground of not less than two years of arrears.

Defendant B asserted that the rent was in arrears for about 5-6 months in the reply of October 19, 2018. Thus, even if the rent was overdue as alleged by Defendant B, it does not change the termination of the instant lease contract according to the Plaintiff’s termination notice.

Therefore, Defendant B and Defendant C, the lessee, are obligated to deliver the instant real estate to each of the Plaintiff.

B. Defendant B’s assertion and judgment thereon were the victim who suffered a large amount of fraud from Defendant C, and the Plaintiff requested the Plaintiff to exercise his right as a lessor from 2017 (the termination of the instant lease contract).

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