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(영문) 인천지방법원 2017.04.12 2016가단257984
건물명도
Text

1. The Defendants shall order the Plaintiff to name the third floor of 196.03 square meters among the real estate indicated in the attached Form.

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

Reasons

1. Facts of recognition;

A. The plaintiff is the owner of the real estate listed in the annexed sheet.

B. On March 5, 2016, the Plaintiff entered into a lease agreement with Defendant A, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,800,000 (excluding value-added tax) and the lease term of KRW 1,80,000 (excluding value-added tax) from April 5, 2016 to April 5, 2018 (hereinafter “instant lease agreement”). Around that time, the Plaintiff handed over the instant building to Defendant A.

C. Defendant B (hereinafter “Defendant B”) was established on June 3, 2016 and operated a housing construction business, etc., and established in this case’s building and occupied and used the instant building from around that time.

around July 5, 2016, Defendant A sent a content-certified mail containing the purport that “If Defendant A does not pay rent for three months (5,940,000) and management expenses, etc. by July 10, 2016, Defendant A would inevitably take the relevant legal measures (e.g., a bankruptcy suit),” and Defendant A did not pay that amount to the Plaintiff.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated on January 4, 2017, when the duplicate of the complaint of this case, which contains an indication of intention to terminate the contract, was delivered to the Defendant A on the grounds of the delinquency in rent of at least two years of the Defendant A. As such, the Defendant A is a lessee, and the Defendant B is obligated to order the Plaintiff as an illegal occupant to order the instant building.

3. The judgment on Defendant A’s assertion is to prepare a lease agreement again in the name of the legal entity when Defendant A entered into the instant lease agreement in the name of Defendant A while participating in the operation of the construction executor of C.

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