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(영문) 수원지방법원평택지원 2019.05.29 2018가단9154 (1)

임대료 등

Text

1. The defendant shall be the plaintiff.

(a) Relocation of scrapped 843m2 on the ground before Pyeongtaek-si and gravel and sand shall be made.

Reasons

1. On June 11, 2017, the Plaintiff indicated the claim that: (a) leased the land specified in the Disposition No. 1-A (hereinafter “instant land”) to the Defendant from June 11, 2017 to June 10, 2018; and (b) leased the monthly rent of KRW 500,000 to June 10, 2018; (c) however, (d) the Defendant paid the rent of KRW 500,00 per month after the lapse of one year; and (e) thus, (e) the lease contract with the Defendant is terminated.

Therefore, the Defendant is obligated to transfer the scrapped volume on the ground of the instant land to the Plaintiff, remove gravel and sand, and deliver the instant land, and return the amount of rent for seven months from January 11, 2019 to January 10 (from June 11, 2018 to January 10, 2019, or the amount of claim for unjust enrichment for rent for seven months from the partial judgment rendered on April 24, 2019) and the amount of claim for unjust enrichment was determined based on the rate of KRW 500,000 per month from the completion date of delivery of the instant land.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;