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(영문) 제주지방법원 2015.06.12 2014가단16134

부동산 인도 등

Text

1. The defendant is against the plaintiffs:

(a) deliver each of the area of 3,226 square meters prior to E in Seogpo-si, 9,630 square meters prior to F, and 3,931 square meters prior to G, respectively;

(b) above;

Reasons

1. Facts of recognition;

A. I owned 3,226 square meters prior to E, F, 9,630 square meters prior to F, G, 3,931 square meters prior to G (hereinafter “instant land”) and died.

On May 3, 2013, the Plaintiffs, the deceased I’s heir, completed the registration of ownership transfer on September 10, 2001 with respect to one-third share of each of the instant land due to the consultation and division.

B. Since the lease of the instant land from the deceased I in around 1989, the Defendant entered into a lease agreement with the deceased I on July 1, 1997 with the term of three years, which stipulated that the lease agreement was renewed between the deceased I and the annual rent of KRW 5,00,000, and the term of lease.

Article 4 of the above lease contract can be reconstructed or altered with the approval of the lessor, but it is stipulated that the lessee should restore the lease to its original state at the expense of the lessee before the date of return of the real

The defendant then renewed the above lease contract with the network I or the plaintiffs.

C. On the instant land, the Defendant installed the facilities, such as the plastic greenhouse, etc., written in Section 1-B of the Disposition (hereinafter collectively referred to as the “instant facilities”) on the instant land, and planted wruscitine trees (hereinafter collectively referred to as the “instant trees”) written in Section 1-C.

Around March 10, 2009, the Defendant paid 5,000,000 won to the Plaintiffs for rent from July 1, 2008 to June 30, 2009, and thereafter, the Defendant did not pay rent to the Plaintiffs until then.

E. On December 16, 2014, a duplicate of the complaint of this case containing an expression of intent to terminate the above lease agreement on the grounds of delinquency in rent reaches the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including evidence attached with a serial number), the appraisal result by the appraiserJ, the purport of the whole pleadings

2. Determination

A. (1) As to the cause of the claim, the Defendant did not pay two or more rents on the claim for the transfer of the instant land. Therefore, the said lease agreement was concluded on December 16, 2014 by the Plaintiffs.