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(영문) 인천지방법원 부천지원 2017.04.26 2016가단115946
건물명도
Text

1. The Defendant shall pay to the Plaintiff KRW 1,970,256 and the interest rate of KRW 15% per annum from February 3, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On January 23, 2013, the Plaintiff is the owner of the land and the building on the ground located C in Bupyeong-si, and on January 23, 2013, part of the first floor among the above real estate (hereinafter in this case, the leased part) was deposited 20 million won, monthly rent of 1.3 million won (in cases of the additional tax under Article 8 of the special terms and conditions of the separate lease agreement, the additional tax was agreed to be borne by the lessee separately from the rent), and during the period from March 25, 2013 to March 24, 2015, the lease was determined and leased by the lessor. However, if the lessee delays the lease for at least three consecutive periods, the lessor may terminate the lease agreement.

B. The Defendant paid a deposit of KRW 20 million to the Plaintiff, and operated a coffee shop in the instant leased part, and paid the instant rent in arrears as indicated in the separate sheet. On October 2016, the date for the instant lawsuit, the Plaintiff notified the termination of the lease contract by serving a copy of the instant complaint on the ground that the Defendant was in arrears with at least 15 periods.

C. On December 19, 2016, after the filing of the instant lawsuit, the Defendant removed from the leased part of the instant lawsuit, and the Plaintiff recovered possession on January 3, 2017.

Meanwhile, as of December 19, 2016, the Defendant’s overdue rent is the amount calculated by deducting the Defendant’s rent of KRW 43 million from the total rent of KRW 21,027,096 at KRW 64,027,096, as indicated in the attached Form, and the amount calculated by deducting the Defendant’s rent of KRW 21,719,032 from the total rent of KRW 64,719,032 as of January 3, 2017.

In addition, the Defendant did not pay 943,160 won for the electricity of the leased portion of the instant case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 11-1, 2, 2 through 10, 12-1, Eul evidence 1-1 to 11, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted the parties that the contract was terminated by serving a duplicate of the complaint of this case on the grounds that the Defendant did not pay more than three occasions of arrears.

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