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(영문) 인천지방법원부천지원 2019.10.10 2019가단22663
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiffs the real estate stated in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiffs are the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) The Defendant is the lessee of the instant real estate.

B. On July 22, 2018, the Plaintiffs entered into the instant lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant real estate amounting to KRW 20 million, KRW 20 million per month (payment on July 26, 2018), and the lease term from July 26, 2018 to September 20, 2020 (hereinafter “instant lease agreement”).

(2) From January 26, 2019, the Defendant did not pay to the Plaintiffs the rent stipulated in the instant lease agreement.

C. On May 8, 2019, the Plaintiffs sent to the Defendant a document verifying the termination of the instant lease agreement (Evidence A2) as the Plaintiffs did not pay the rent from January 26, 2019. The content-certified mail sent to the Defendant on May 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated on May 10, 2019 on the ground that the Plaintiffs’ declaration of intent to terminate the instant lease agreement was delivered to the Defendant.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff by performing the duty of restoration.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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