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(영문) 광주지방법원 2014.12.09 2014가단39478

토지인도

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1. The defendant shall be the plaintiff.

A. Of the area of 1031 square meters prior to Gwangju Mine-gu, the attached drawing is indicated (1), (2), (3), (4), and (1) respectively.

Reasons

1. Basic facts

A. On February 27, 2003, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting forth a lease agreement between 954.6m2 (hereinafter “the instant portion of land”) out of 1031m2 (hereinafter “instant land”) in Gwangju Mine-gu, Gwangju (hereinafter “instant land”) owned by the Plaintiff as one year from the lease date, annual rent of KRW 1,000,000 from the lease date.

B. After entering into the instant lease agreement, the Defendant occupied and used the instant land portion by being handed over from the Plaintiff.

C. The instant lease agreement was explicitly renewed on a yearly basis after the expiration of the term, and the rent was increased by KRW 1,500,000 per annum from February 27, 2005.

The Defendant did not pay KRW 500,000 among the annual rent in 2011, but paid on May 11, 2012, and thereafter did not pay the annual rent thereafter.

E. On April 11, 2014, the Plaintiff notified the Defendant of the delivery of the instant part of the land and the payment of unjust enrichment equivalent to the rent of KRW 300,000 per month on the premise that the instant lease contract is terminated by mail proving the contents thereof.

[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant may be aware that the annual rent stipulated in the instant lease agreement has been in arrears for at least two years. Accordingly, the above lease agreement was lawfully terminated around April 11, 2014 when the mail verifying the contents of the Plaintiff’s lease agreement delivered to the Defendant, stating the intent to terminate the lease agreement.

Therefore, the defendant is obligated to deliver the land portion of this case to the plaintiff due to its reinstatement, and pay to the plaintiff the amount of unjust enrichment equivalent to the rent or rent calculated at the rate of KRW 1.5 million per annum from February 27, 2012 to the completion date of delivery of the above land portion.

B. Furthermore, the Plaintiff.