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(영문) 대구지방법원 2015.10.30 2015가단104616

토지인도

Text

1. The defendant

A. In the case of permanent residence of the Gyeongbuk-do, CJ 132.2m2m2 without permission for assembly-type light metal structure, 132.2m2.

Reasons

1. Basic facts

A. On June 20, 1983, the Defendant concluded a lease contract with the Plaintiff for permanent residence C, C, 132.2 square meters, and used the above land, and entered into a written lease agreement with the Plaintiff on June 20, 2003, stating that “The instant land shall be restored to its original state with all of the costs incurred by the lessee after the termination of the lease” (only the instant lease agreement).

B. The Defendant did not pay rent after subdivision on June 20, 2012.

C. On December 15, 2014, the Plaintiff sent to the Defendant a certificate of content that the instant lease agreement is terminated.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1, 2, 34 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the assertion

A. On December 15, 2014, on the ground of the Defendant’s delinquency in rent, the Plaintiff and the Defendant’s assertion concluded the instant lease agreement with the notice of termination issued on December 15, 2014 or with the notice of termination sent by a duplicate of the complaint of the instant case, and the Defendant shall remove the instant building and deliver the instant land to the Plaintiff according to the terms and conditions of the instant lease agreement, and shall pay 3.6 million won of the unpaid rent for three years from June 20, 2012 to June 19, 2015, and 3.9 million won of the rent for three years from June 20, 2015 to September 19, 2015, including the amount of unjust enrichment equivalent to the rent for three million won from June 20, 2015 to September 20, 2015.

In this regard, the Defendant recognized the termination of the instant lease agreement on the ground that the rent has not been paid for three-year portion as above, that is, the Defendant did not pay the rent, but did not pay the Plaintiff the rent at the beginning of February 2015.