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(영문) 창원지방법원진주지원 2019.07.04 2018가단34335

토지인도

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 10,00,000, and the amount of the Plaintiff shall be fully paid from May 3, 2019.

Reasons

1. Judgment on the counterclaim

A. Facts of recognition 1) The Plaintiff is the Plaintiff’s respective land of this case, 257.9m2 (hereinafter “each of the instant land”) in Gyeongcheon-si, Chocheon-do and 375m20,000,000,000.

(2) On January 13, 2018, the Defendant leased 99 North Korea from the Plaintiff among each of the instant lands, and the Defendant set the deposit amount at KRW 10 million per month, KRW 80,000 per month, KRW 150,000 per month, and KRW 10,000 per month from January 13, 2018 to January 12, 2020, respectively. The Defendant paid the Plaintiff the deposit amount at KRW 10 million.

The plaintiff leased each of the lands of this case to the defendant from around 2003, but the facts related thereto are mainly related to the principal suit, so the judgment on the claim of the principal suit is presented.

3) Around 2016, the Defendant and G leased part of each of the instant lands from the Defendant, and on January 8, 2018, the Plaintiff leased 92, the south and south of each of the instant lands from the Plaintiff. On February 24, 2018, the Defendant and G agreed to consult on the use of each of the instant lands by March 3, 2018, and if the agreement is not reached by the said date, the agreement concluded on June 2, 2018 shall be null and void, and (including the destruction of the House Ledger) around July 2, 2018, the Defendant removed and delivered each of the instant lands to the Plaintiff.

[Grounds for recognition] Gap 1, 2, 3, 9, the purport of the whole pleadings

B. Since the lease relationship between the original defendant terminates as seen earlier prior to the determination on the cause of the counterclaim, the Plaintiff is obligated to pay to the Defendant a deposit of KRW 10,000,000 and damages for delay calculated at the rate of 15% per annum from May 3, 2019 to the day of complete payment, which is the day following the delivery of a copy of the counterclaim.

C. The defendant's assertion