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(영문) 인천지방법원 2018.09.13 2018가단222784
건물명도(인도)
Text

1. The Defendants are to the Plaintiff:

(a) deliver the buildings listed in the separate sheet;

B. From August 4, 2018, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On March 2, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) with the Defendants by setting the lease deposit amount of KRW 5,00,000 for the buildings indicated in the attached list, KRW 550,00 for the monthly rent of KRW 550,00 for the monthly rent (after payment), and the lease period from March 3, 2017 to March 2, 2019 for the lease period (hereinafter “instant contract”).

B. The Defendants, a joint lessee, paid the rent only by October 3, 2017, and thereafter did not pay the rent.

C. The instant warden, on July 19, 2018, expressed the intent to terminate the instant contract on the grounds of not less than two years of arrears, was finally served on the Defendants.

According to the instant contract, the Plaintiff decided to return the lease deposit to Defendant C upon the expiration of the instant contract.

[Ground of recognition] No dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant contract was terminated on July 19, 2018 on the ground of the delinquency in rent for at least two different periods, and the Plaintiff expressed his/her intent to deduct KRW 5,500,000 from the date of pleading on August 23, 2018 to August 3, 2018 the amount of overdue rent of KRW 5,50,000 from the lease deposit deposit, the Defendants are obligated to deliver the building indicated in the attached list to the Plaintiff, and pay the Plaintiff the amount calculated at the rate of KRW 550,000,000, the amount equivalent to the rent from August 4, 2018 to the completion date of delivery of the said building.

3. Determination as to Defendant C’s assertion

A. Defendant C agreed to lend KRW 5,00,000 to Defendant B who intends to enter into the instant contract. Accordingly, Defendant C paid KRW 5,000,000 as the lease deposit, and Defendant B paid KRW 5,000,000 as the rent, and Defendant C entered into the instant contract with Defendant C to return the lease deposit upon termination of the lease.

After July 30, 2017 at the time of the instant contract, Defendant C was omitted from the lessee and only the Plaintiff and Defendant B entered into the contract again.

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