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(영문) 창원지방법원진주지원 2015.06.25 2015가단904

토지인도 등

Text

1. The defendant shall be the plaintiff.

(a) An entry in the attached Table C in the area above 321m2 and underground of the gas station site in Jinju-si.

Reasons

1. On April 14, 2003, D, the Plaintiff’s reproduction of the claim, agreed to remove the above ground buildings, including deposit deposit 5,00,000, monthly rent of KRW 300,000, monthly rent of KRW 300,000, and the period from April 14, 2003, at the expiration of the lease term, and the Defendant agreed to remove the above ground buildings including the underground tank storage and oil station machinery and equipment stated in the attached Table to be installed on the instant land.

After that, following the death of D, the Plaintiff inherited the rights and obligations of D by division of inherited property, and completed the registration of ownership transfer on the instant land on November 7, 2012.

Meanwhile, according to the above lease agreement, the Defendant paid deposit of KRW 5,00,000 to the Plaintiff, and received the instant land, but did not pay monthly rent to the Plaintiff after May 14, 2007.

Accordingly, the plaintiff is served on this complaint and the above lease contract is terminated.

Therefore, the defendant should remove the above underground tank storage and oil station machinery and equipment from the plaintiff, deliver the land of this case, and pay unjust enrichment equivalent to monthly rent or rent, calculated from October 5, 2008 to the completion date of the above delivery, calculated by deducting deposit of KRW 5,00,000 from the unpaid rent of KRW 30,000,000.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).