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(영문) 광주지방법원목포지원 2015.12.18 2015가합842

토지인도

Text

1. From KRW 50,00,000 to KRW 3.m. from February 1, 2015 to the completion date of delivery of each land indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On August 6, 2014, the Plaintiff entered into a contract with the Defendant to lease each of the instant land to the Defendant (hereinafter “instant lease contract”).

The part relating to the instant lease agreement is as follows.

Article 1 (Period of Lease) From August 1, 2014 to July 30, 2017, Article 2 (Deposit Money) 50,000,000 won monthly (Lease Fee) shall be deposited on a monthly basis as KRW 3,500,000 (Additional Tax separately).

Article 4 (Termination and Renewal of Contract)

4. The contract shall be automatically terminated after notification to the lessee at the time of the unpaid monthly rent for two months.

(C) Article 6 (Return of Security Deposit) Upon the expiration or cancellation of this Agreement, Section 6 (Return of Security Deposit) A (Defendant) returns the said object to A (Plaintiff) and at the same time A shall refund the full security deposit to B (Plaintiff).

B. At the time of concluding the instant lease agreement, the Defendant paid KRW 50,000,000 to the Plaintiff, and used each of the instant land for the storage of the vehicle (vehicle) and its related business purposes, upon delivery from the Plaintiff, and paid to the Plaintiff by January 2015, but did not pay to the Plaintiff any subsequent rent.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. Determination

A. The lower judgment as to the cause of the claim and the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement pursuant to Article 4(4) (i.e., termination at the time of failure to pay the rent for February) of the instant lease agreement, and the fact that the duplicate of the instant complaint containing such declaration of intent reaches the Defendant on August 31, 2015 is apparent in the record. In full view of the foregoing, the instant lease agreement was terminated on August 31, 2015 and terminated on August 31, 2015.

Therefore, the defendant is obligated to deliver each of the lands of this case to the plaintiff, except in extenuating circumstances.

However, the obligation of the lessee to deliver the leased object upon the termination of the instant lease contract and the lessor is in arrears from the deposit money.