토지인도
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver each land indicated in the separate sheet to the Plaintiff-Counterclaim Defendant.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The State is a State-owned property that completed the registration of ownership transfer on May 19, 2006. The land prior to the instant subdivision was divided into 1,600 square meters on April 14, 2009 (hereinafter “each land of this case”). The land prior to the instant subdivision was divided into 1 and 2 land listed in the separate sheet (hereinafter “each land of this case”).
On the other hand, on October 13, 2003, the land before the instant partition was designated as a Class 1 general residential area in accordance with the Municipal Ordinance of the City/Do of the Government.
Pursuant to Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of the same Act, the Plaintiff is a corporation entrusted by the Minister of Strategy and Finance with the management and disposal of each land of this case.
On July 31, 2009, the Plaintiff leased (hereinafter “instant loan agreement”) the land prior to the instant partition to the Defendant (which appears to have been divided into each of the instant land or to have been excessive) (hereinafter “instant land”).
Article 1 (Purpose of Use) The purpose of use of the leased property under this State-owned property loan contract shall be the straw site.
Article 2 (Period of Loan) The term of loan shall be from July 31, 2009 to July 30, 2014 (five years).
Article 3 (Loan Fee) Rent shall be KRW 40,426,590 per annum (excluding value-added tax).
Provided, That the rent for the following year shall be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.
Article 4 (Payment of Rent) In the case of temporary payment, the defendant shall pay the rent at once by July 31, 2009, and if the rent is not paid by the due date, the late payment charge shall be paid pursuant to Article 73 of the State Property Act.
In case of installment payments, the defendant shall pay the following rent, and if he fails to pay the rent by the payment deadline, he shall pay the overdue charge in accordance with Article 73 of the State Property Act:
Article 140,426,590 04,650,650 44,469,240, 2409, and Article 7 (Restriction on Lendingr's Activities) of the Act on July 31, 2009, the Defendant shall, without the approval of the Plaintiff, engage in the following activities: