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(영문) 수원지방법원성남지원 2016.04.06 2015가합205839

가등기에 기한소유권이전등기

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1. The Defendant shall support the Plaintiffs with Suwon District Court in relation to the area of 1,509 m2,000 m2 in Seongbuk-gu, Sungnam-si.

Reasons

1. Facts of recognition;

A. On September 8, 2005, the Plaintiffs leased money of KRW 500 million to the Defendant for KRW 1,509.4 square meters (hereinafter “instant land”) in Seongbuk-gu, Sungnam-si (hereinafter “instant land”) from February 28, 2006 to February 28, 2014, with the term of lease fixed from February 28, 2006 to KRW 500 million.

(hereinafter “instant lease agreement”). B.

With respect to the rent under the instant lease agreement, the monthly rent of KRW 40 million (excluding value-added tax) from June 30, 2006 to February 27, 201, and the monthly rent of KRW 45 million from February 28, 201 to February 28, 2014 shall be KRW 45 million (excluding value-added tax), and if the overdue rent falls short of the two-term rent, the lessor agreed to terminate the contract.

C. On March 28, 2006, according to the instant lease agreement, the Plaintiffs completed the registration for the establishment of the right of lease (hereinafter “registration for the creation of the right of lease of this case”) from February 28, 2006 to February 28, 2014 under the Suwon District Court’s receipt of the Sungwon District Court Branch Branch of Sung-nam Branch of Branch Office for the instant land by KRW 50 million, KRW 40 million, monthly rent, and the term of existence from February 28, 2006 to February 28, 2014.

Since March 1, 2013, as the Defendant did not pay the rent, the Plaintiffs notified the Defendant that the instant lease contract would be terminated on the ground that the Plaintiff did not pay the rent amounting to KRW 108,80,000 for the rent on March 1, 2013 and April 2013, and the Defendant did not pay the rent amounting to KRW 108,80,000 for the overdue rent for the second period.

E. Meanwhile, at the time of entering into the instant lease agreement, the Defendant constructed a building on the ground of the instant land listed in the separate sheet (hereinafter “instant building”) and owned it until April 15, 2015.

[Reasons for Recognition] Evidence No. 1-1, 2, Evidence No. 2-1, Evidence No. 3-1, and Evidence No. 3-2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the Defendant’s delay in rent reaches the two-year rent, the instant lease agreement is terminated against the Defendant on the ground that the Plaintiffs were in arrears.