토지인도
1. The Plaintiff (Counterclaim Defendant) is to receive from the Defendant (Counterclaim Plaintiff) a 330.2m2m2m2 and E large scale 330.2m2m2m2.
1. Facts of recognition;
A. A. Around August 25, 2003, Plaintiff A’s spouse, and Plaintiff B’s mother, entered into a lease agreement with Defendant and the Plaintiff for the rent of KRW 6,50,000 per annum as to D 330.2 square meters and E 330.2 square meters (hereinafter “each of the instant lands”) and the rent of KRW 6,50,000 per annum, and the lease period from November 20, 2003 to November 20, 2005.
B. While the Defendant occupied each of the instant lands in accordance with the above lease agreement, the Defendant entered into a lease agreement with F to set the lease deposit amount of KRW 60,000,000 for each of the instant lands between B and the spring around 2009.
C. Around November 13, 2008, the Defendant paid F KRW 50,000,000 as a security deposit, and paid KRW 3,000,000 on December 18, 2008, and KRW 7,000 on February 19, 2009, respectively.
The F died on December 11, 2014, and the Plaintiffs succeeded to each of the instant land.
E. The defendant occupies each of the land of this case until now.
[Ground for Recognition: Facts without dispute between the parties; Gap's 2, 3, 8; Eul's 1 through 3 (including branch numbers in the case of additional numbers); Gap's 4-1 to 4; the purport of the whole images and arguments
2. Judgment on the principal lawsuit
A. A. Around March 1, 2009, the Defendant concluded a lease agreement with F to set the lease deposit amount of KRW 60,000 with respect to each of the instant lands as KRW 60,00,000 with F, and additionally pay KRW 1,20,000 each month.
However, the defendant did not pay F the monthly rent of KRW 10,000 out of the above deposit and the monthly rent from the date of conclusion of the above contract.
Accordingly, the above lease contract was terminated on the ground of the defendant's delinquency in the amount of two or more times through the service of the copy of the complaint of this case.
Therefore, the Defendant delivers each of the instant lands to the Plaintiffs, F’ heir, and the amount of KRW 50,400,000,000 accrued from March 2009 to August 2012, according to the Plaintiffs’ share of inheritance (i.e., monthly rent 1,200,000 x 42 months).