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(영문) 의정부지방법원 2016.12.23 2015가합52241

토지인도

Text

1. The plaintiff A:

A. Defendant F, among the real estate listed in Appendix 1 List 1 List 1, the part “1” indicated in Appendix 2.

Reasons

1. Facts of recognition;

A. On August 16, 2005, Plaintiff A acquired the ownership of the land specified in Paragraph (1) of Attached 1 (hereinafter “instant land”) as indicated in Attached 1 List, and leased the said land to G at a rent of 1.6 million won per annum without setting the lease period.

Since then, the lessee was changed from G to Defendant F (hereinafter “instant first lease”), and Defendant F did not pay the rent of KRW 1,634,000 on September 20, 2014 after paying the Plaintiff’s annual rent of KRW 1,634,000.

B. On May 2, 1996, Plaintiff B acquired the ownership of land under Paragraph 2 of Attached Table 1 (hereinafter “instant land”) as indicated in Attached Table 1 List, and leased the said land to Defendant F without setting a lease period.

(hereinafter the above lease contract between the plaintiff B and the defendant F is referred to as "the second lease of this case").

Plaintiff

C and D acquired ownership of 1/2 shares in each of the lands listed in Paragraph 3 of Attached Table 1 (hereinafter referred to as “third land of this case”) on April 20, 200, respectively, and between Plaintiff D and Defendant F on January 1, 2012, the term of lease between Defendant F and Defendant F on January 1, 2012.

By December 31, 2012, a lease contract was concluded on April 20, 2012 with annual rent of KRW 1,280,50,500, and the rent of KRW 1,285,500 (hereinafter “the above lease contract between Plaintiff D, C, and Defendant F”) and Defendant F paid KRW 1,285,50 to Plaintiff D by April of each year, when renting the above land by 2014.

Plaintiff

D On January 14, 2015, Defendant F leased and used the land of this case 3 from January 1, 2012 to December 31, 2014, and sent a document verifying the content to Defendant F, “C, in spite of its demand on several occasions after December 31, 2014, he/she did not comply with the instant land 3.” As such, he/she sent it to Defendant F, by February 28, 2015, a document certifying the purport that “C, by December 28, 2015, would remove the said land 3.”

The Defendants are the Defendants from Nos. 1 to 3 of this case.