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(영문) 수원지방법원 2017.12.08 2017가합1960

토지인도등

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1. The Defendant: (a) delivers the Plaintiff (Appointed Party); (b) and the Appointor B; and (c) deliver the number of 1,428 square meters in the Suwon-si waterway D; and (b) on September 1, 2016.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 3, the defendant entered into a contract to renew the existing lease agreement with the plaintiff (Appointed Party) and the appointed party B, and C (hereinafter collectively collectively referred to as "Plaintiffs") on October 23, 2015 as to deposit money of KRW 20 million and KRW 4,50,000,000 (excluding value-added tax) monthly rent of KRW 4,50,000,000 (hereinafter referred to as "the land in this case") and has occupied and used the land for the purpose of parking lots until now. The defendant did not pay the difference of land in this case to the plaintiffs from September 1, 2016 to July 3, 2017.

Therefore, since the above lease contract was terminated by the notice of termination of the plaintiffs, the defendant is obligated to deliver the land to the plaintiffs as restitution, and pay the money calculated by the ratio of KRW 4.5 million per month from September 1, 2016 to the date the delivery of the land is completed, as repayment of overdue rent or unjust enrichment equivalent to the rent in arrears.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.