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(영문) 서울남부지방법원 2017.03.14 2016가단223740

토지인도

Text

1. The Defendants connect each point of the attached sheet No. 11, 12, 13, 14, and 11, among the land listed in the attached list.

Reasons

1. Facts of recognition;

A. In around 2007, the Plaintiff permitted the Defendants to use the plastic houses (hereinafter “the instant plastic greenhouse”) on the part 90 square meters in the ship, which connected each point of the attached Form 11, 12, 13, 14, and 11 in sequence among the land listed in the attached Table owned by the Plaintiff among the land listed in the attached Table owned by the Plaintiff.

B. Of that, on July 1, 2009, the Plaintiff and the Defendants concluded a lease agreement with the following terms: “The Plaintiff and the Defendants are located above 90 square meters in a ship which connects each point of 1,12,13,14, and 11 of the attached Table No. 11 among the land indicated in the attached Table No. 99 square meters (the instant vinyl is located on the land indicated in the attached Table No. 11, 12, 13, 14, and 11, and only this part is referred to as “the leased part of this case”) for the lease term from July 1, 2009 to July 1, 2010; “The rent shall be KRW 1,000,000 for each year” (hereinafter “the instant lease agreement”); and “within two years of any date, the agreement shall be made to complete the delivery of the vinyl and fixtures and restore them to its original state.”

C. The Defendants did not pay all up to the present time, and the Plaintiff, on the grounds of the delinquency in rent for more than two years, sent a copy of the instant complaint to the Defendants, and expressed its intent to terminate the instant lease agreement by serving as a copy of the instant complaint.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was lawfully terminated on July 9, 2016 on the grounds of two or more rent-free delay by serving a copy of the instant complaint.

As such, the Defendants are obligated to remove the instant vinyls to the Plaintiff and deliver the leased portion of this case to the Plaintiff, and the Defendants are jointly and severally obligated to deliver the leased portion of this case to the Plaintiff, and from July 1, 2015, the period from July 1, 2009 to June 30, 2015 to July 1, 2015.