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(영문) 대구지방법원포항지원 2019.05.16 2017가단106594

토지인도

Text

1. For the plaintiffs:

A. The Defendants withdraw from the building listed in the attached Table 2 list;

B. Defendant F is the above building.

Reasons

1. Facts of recognition;

A. 1) On March 28, 2008, the deceased G, the inheritee of the plaintiffs, entered in the separate sheet No. 1 owned by the defendant E on March 28, 2008 (hereinafter “instant land”).

(A) On March 28, 2009, the lease deposit amount of KRW 10 million, monthly rent of KRW 2 million, the lease term of KRW 2 million was set on March 28, 2013, and the special terms and conditions include the following: (a) on March 28, 2009, the lease deposit was increased by KRW 20 million; and (b) the renewal is made in such case, unless there are special circumstances at the expiration of the lease term; and (c) the rent shall be set at KRW 3 million per month.

(B) At the time of termination of the lease agreement, G actually did not include any description in the rent column of the renewed lease agreement (a) the following: (b) Defendant E transferred all of the above-ground buildings and other facilities to G without compensation and does not exercise the right to demand a purchase of a building; (2) G renewed the lease agreement with Defendant E on April 28, 2013; (c) the lease deposit was set at KRW 10 million; (d) April 28, 2016; (e) the lease deposit was set at KRW 10 million; and (e) the lease deposit was set at April 28, 2016.

B) Defendant E paid to G 4.5 million won per month from April 2013 to January 2016 (total 34 occasions), 4.7 million won per month from February 2016 to April 2017 (total 3 times), and 5.0 million won per month from May 2016 to February 2017 (total 10 times) respectively. Defendant E died on February 3, 2017; Defendant E was not paid from March 2017, notwithstanding the demand of Plaintiffs (total 43/6 shares owned, and the rest 1/6 of the Plaintiffs, respectively).

4 The Plaintiffs expressed to Defendant E the intent to terminate the lease agreement on the grounds of the delinquency in rent for at least two years as the instant complaint, and on December 26, 2017, the duplicate was served on Defendant E.

B. Attached Form 2.