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(영문) 의정부지방법원고양지원 2020.10.28 2019가단89612

토지인도

Text

The Defendant, as the Plaintiff

(a) In the case of Pakistan, C. C. 1,726 square meters and each of the indication 1,2,3,4, 1 of the annexed drawings and the annexed drawings.

Reasons

1. Facts of recognition;

A. On November 6, 2003, the Plaintiff completed the registration of ownership transfer on the ground of sale on October 14, 2003 with respect to C & 1,726 square meters (hereinafter “instant land”).

B. On March 27, 2019, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the terms that the instant land is leased KRW 40 million, KRW 300,000 per month, and the term of lease from March 12, 2019 to March 11, 2021 (hereinafter “instant lease agreement”).

At the time of the instant lease agreement, the Plaintiff and the Defendant agreed that the lessee would remove the facilities installed at the time of termination of the lease, complete waste, etc., and would not exercise the lessor’s right to claim for beneficial expenses or attached expenses.

C. The Defendant installed 20 square meters of “A” portion of containers on the instant land (hereinafter collectively referred to as “instant facilities”) connected in sequence to each point of boundary fences and the annexed drawings on the instant land with the intention of running a water-based business on the instant land. D. The Defendant installed 20 square meters of containers on the part of “A” portion on the instant land.

On July 16, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the Defendant’s nonperformance of the obligation to pay rent under the instant lease agreement by content-certified mail.

[Ground of recognition] without any dispute, entry of Gap Nos. 1, 2, and 3, result of an entrustment of measurement and appraisal to the Korea Land Information Corporation in this Court, purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination of the lease agreement on the ground of the Defendant’s nonperformance of the obligation to pay rent.

Therefore, the Defendant removed the instant facilities to the Plaintiff due to the termination of the instant lease agreement, and transferred the instant land, and removed the said facilities from March 12, 2019 upon delivery of the instant land, and deliver the said land to the Plaintiff.