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(영문) 수원지방법원 2017.12.12 2017가합1571

토지인도등

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1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. The following facts are recognized in full view of the respective descriptions of Gap evidence Nos. 1 to 4 and the purport of the entire pleadings:

A. On August 11, 2015, the Plaintiff: (a) on August 11, 2015, each real estate listed in the separate sheet to the Defendant is KRW 80 million; (b) for one year from the contract date, KRW 3 million per month; and (c) thereafter, KRW 3.5 million per month (payment on January 2); and (c) lease period was set at 24 months.

B. The Defendant did not pay the rent from the time when three months elapsed since the conclusion of the above lease agreement, and did not pay the rent at all from February 2, 2016.

C. On June 5, 2017, the Plaintiff sent a content-certified mail stating the Defendant’s termination of the above lease agreement on the grounds of the Defendant’s unpaid rent, and around that time, the said content-certified mail sent to the Defendant.

2. According to the facts of the above recognition, the defendant, at the time when the plaintiff sent the above content-certified mail to the defendant on June 5, 2017, did not pay more than two months that the plaintiff was the tea under the above contents-certified lease contract. Since the plaintiff sent the above content-certified mail to the defendant on June 5, 2017, it is deemed that the above lease contract was terminated.

Therefore, the defendant is obligated to deliver to the plaintiff each real estate listed in the separate sheet which is the object of the lease.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.