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(영문) 수원지방법원안양지원 2016.09.22 2016가단132

토지인도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the land listed in Attachment 2;

B. Of the land described in paragraph (a) above,

Reasons

Description of Claim

On April 17, 2007, the Plaintiff leased the lease deposit amount of KRW 10 million, monthly rent of KRW 1 million, and the lease period of KRW 1 million from April 30, 2007 to the Defendant on April 17, 2007, among the land in paragraphs (1), (2), and (3).

The Plaintiff and the Defendant increased the rent of KRW 1.2 million on February 201, and renewed the lease contract for two years from the end of February 2011.

Since then, the above lease was implicitly renewed.

The defendant did not pay the rent for nine months from April 1, 2015 to the end of December.

The plaintiff terminated the lease contract on the ground of the delinquency in rent, but the defendant delivered only the land specified in attached Table 1.

From January 1, 2016, the Defendant is obligated to deliver and remove the land indicated in the order No. 1-A and pay the amount calculated by the rate of KRW 120,000 per month from January 1, 2016 to the date of completion of each removal of the warehouse listed in the order No. 1-B and the vehicle meter listed in the order No. 1-C. 1-B.

The judgment by public notice (Article 208(3)3 of the Civil Procedure Act) is reasonable to deem that the monthly rent is 1.2 million won per month for a part of a flag part of 740 square meters. Since the land indicated in paragraph (2) of the attached Table is 267 square meters, the monthly rent is 4.32,972 won (1.2 million won x 267/740, and less than KRW 267/740).

Therefore, the part that seeks more than 432,972 won per month for monthly rent or compensation for damages equivalent to monthly rent is dismissed.