beta
(영문) 춘천지방법원 속초지원 2018.08.10 2018가단208

토지인도등

Text

1. The defendant shall be the plaintiff.

(a) leave the building listed in Attachment 1;

(b) in [Attachment 2, 3].

Reasons

1. Basic facts

A. On June 16, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”). Around that time, the Plaintiff delivered each of the instant real estate to the Defendant, each of which listed in paragraph (1) of the attached Table No. 2 and paragraph (3) of the attached Tables No. 1, 200,000, deposit money of KRW 5,000, monthly rent of KRW 600,000 (payment on January 16), and the lease period of KRW 60,000,000 (hereinafter “the lease”).

B. The Defendant paid the Plaintiff KRW 10,200,000 in total by January 16, 2018.

C. The Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the delinquency in rent by the delivery of the duplicate of the instant complaint to the Defendant.

The Defendant, on the land of this case, has loaded various kinds of scrap metals, plastics, and vacant bottles, etc. on the land of this case, and occupied and used each of the real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, at the time of March 19, 2018, the Defendant, at the time of delivery of the duplicate of the instant complaint to the Defendant, was in arrears of two or more times from the sum of KRW 16,800,00 as follows, and thus, the instant lease agreement terminated on March 19, 2018 upon the Plaintiff’s declaration of termination for reasons of the said Defendant’s delinquency in rent.

Rent by March 19, 2018: 27,00,000 won (=60,000 won x 45 months) paid by the Defendant by March 19, 2018: The unpaid rent of KRW 10,200,000: 16,800,000 (=27,000,000 won - 10,200,000)

B. Therefore, the Defendant is obligated to restore the pertinent land to the Plaintiff as a result of the termination of the instant lease agreement, and leave the instant building, collect various scrap metal, plastics, and vacant bottles on the instant land, and deliver the instant land to the Plaintiff.

In addition, the defendant on June 15, 2018 to the plaintiff.