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(영문) 인천지방법원 2018.02.21 2017가단5463
건물인도등
Text

1. The Defendant (Counterclaim Plaintiff) is 245.8 square meters per underground floor among the real estate listed in the attached list to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On March 24, 2016, the Plaintiff’s date of the lease agreement is December 24, 2016, and dispute over the date of the lease. However, in light of the circumstances, the lease agreement date is deemed March 24, 2016, in light of the following: (a) Party A’s certificate (a summary of the process of consultation on the confirmation of the Defendant’s content certification) prepared by the Plaintiff, and the Plaintiff’s certificate No. 7 (a summary of the process of consultation on the confirmation of the content of the Defendant’s content certification) written by the Plaintiff.

Of the real estate listed in the attached list, the full amount of the first underground floor (hereinafter the entire real estate of this case is the building of this case and the part of the first floor of this case which is the object of the lease of this case) among the real estate listed in the attached list was leased to the Defendant as KRW 20 million, KRW 1550,000,000, KRW 1550,000,000, and KRW 24 months from March 24, 2016 to March 23, 2018, and the lessor determined that the lessor may terminate the lease when the delayed amount of rent of the lessee exceeds the amount of rent of two years.

B. On November 23, 2016, December 6, 2016, and January 10, 2017, the Plaintiff sent to the Defendant a document stating that the Plaintiff is in arrears for two or more years of arrears, namely, payment demand of overdue charge of the lease contract, and the case related to the termination of the lease contract.

C. On February 13, 2017, the Plaintiff notified the Defendant of the termination of the lease agreement on the ground that the Defendant did not pay the total of KRW 11,091,292, management expenses, management expenses 2,314,614, 1,986,530, and 15,498,821, which are the cost of traffic-causing contributions, until January 31, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 to 4, the purport of the whole pleadings

2. Demand for principal lawsuit:

A. The Plaintiff’s assertion that: (a) on the ground that the lease contract for the instant real estate was terminated; (b) sought the transfer of the instant real estate to the Defendant; and (c) on the aggregate of the unpaid rent, management fee, etc. by January 31, 2017, 15,498.

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