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(영문) 의정부지방법원 2019.04.25 2018가단17099

토지인도 등

Text

1. The defendant

A. Of the area of 2942 square meters in Yangju-si, the indication of the attached drawing in the attached Form 1, 2, 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, among the area of 2942 square meters in Yangju-si

Reasons

1. Determination as to the cause of claim

A. On August 13, 2015, the Plaintiff: (a) concluded a lease agreement with the Defendant on the lease deposit of KRW 20,000,000, monthly rent of KRW 1,870,000 (including value-added tax); (b) the 25th day of each month; and (c) the lease period from October 16, 2015 to February 28, 2020; and (d) the Defendant agreed, without the Plaintiff’s consent, to sublet the instant land to a third party or not to use it for a residential purpose; and (e) to restore the instant land to its original state at the expiration of the lease agreement.

나. 피고는 원고로부터 이 사건 토지를 인도받아 점유사용하면서, 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 11, 1의 각 점을 차례대로 연결한 선내 ㉮ 부분 1,997㎡(같은 도면 표시 45, 46, 47, 48, 45의 각 점을 차례대로 연결한 ㉷ 부분, 같은 도면 표시 49, 50, 51, 52, 49의 각 점을 차례대로 연결한 ㉸ 부분 및 같은 도면 표시 53, 54, 55, 56, 53의 각 점을 차례대로 연결한 ㉹ 부분은 제외)에 건축자재인 비계, 거푸집 등을 야적하고, 그 외에도 주문 기재와 같이 가건물과 컨테이너 박스를 설치하여 주거용으로 사용하였다.

In addition, the Defendant subleases part of the land to D, a third party, and did not pay the Plaintiff the total of KRW 11,220,000 from January 2018 to June of the same year.

immediately after that, the Plaintiff notified the Defendant of the termination of the instant lease on the ground of the unpaid rent, etc.

【Based on the above-mentioned facts as a result of the expert evidence Nos. 1 through 4, the video of No. 5, and the appraiser E’s appraisal, the instant lease contract was terminated by the plaintiff’s notice of termination on the ground of the defendant’s nonperformance of obligation.

Therefore, the defendant collects obstacles to the entry of the order from the original state to the plaintiff, removes the building and container stuff, and the land in this case.