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(영문) 창원지방법원진주지원 2015.05.28 2014가단8840

토지인도 등

Text

1. The defendant against the plaintiff A,

(a) landscaping stone, strekes, and strekes on each land listed in the Schedule 1 and 2;

Reasons

1. In fact, on March 1, 2010, Plaintiff A entered into a lease agreement with the Plaintiff on a fixed annual rent of KRW 2,930,00 and KRW 5 years for each land specified in [Attachment List 1 and 2] owned by the Plaintiff to the said corporation, and delivered each land to the said corporation on the same day.

Plaintiff

B On March 1, 2010, the above corporation entered into a lease agreement with the terms that each of the lands listed in paragraphs 3 and 4 of the attached Table Nos. 3 and 4 owned by Plaintiff B is leased with a fixed annual rent of 2,237,500 and the lease term of 5 years, and delivered each of the lands to the above corporations on

On March 10, 2010, the above corporation arbitrarily sublets each land indicated in the separate sheet to the defendant without the consent of the plaintiffs.

From around that time, the defendant installed landscaping stone, lower-water steel, aggregate, etc. on each of the above lands, and has occupied and used each of the above lands until now.

Attached Form

The amount equivalent to the rent from January 1, 2011 to December 31, 2014, of each land listed in paragraphs (1) and (2) of the list, is KRW 8,637,250, and the amount equivalent to the rent from January 1, 2014 to December 31, 2014, which is adjacent to the date of the closing of the instant argument, is KRW 2,542,520.

Attached Form

The amount equivalent to the rent from January 1, 2011 to December 31, 2014 of each land listed in paragraphs (3) and (4) of the list is 3,665,130 won in total, and the amount equivalent to the rent from January 1, 2014 to December 31, 2014 near the date of the closing of the instant argument is 1,07,980 won.

[Ground of recognition] Unsatisfy, Results of appraiser D's appraisal of rent

2. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendant is obligated to collect landscaping stones, lower-water iron and aggregate on each of the above lands and deliver each of the above lands to the Plaintiff A seeking the removal of interference and delivery as the owner of each of the lands listed in the separate sheet Nos. 1 and 2, to pay the money calculated at the rate of KRW 2,542,520 per annum from January 1, 2015 to the completion date of collection and delivery.

In addition, the defendant is listed in the separate sheet Nos. 3 and 4.