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(영문) 청주지방법원제천지원 2015.09.09 2015가단2047
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

B. The above A.

. each real estate described in the subsection.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 3 (including additional numbers), the plaintiff is the owner of each real estate listed in the separate sheet (hereinafter "the real estate of this case"). On January 26, 2012, the plaintiff leased the real estate of this case to the defendant on a fixed period of 3,00,000 won per annum, 4-6 years for the lease term of this case (hereinafter "the lease of this case"). However, it is recognized that the defendant did not pay rent from January 26, 2013, and the fact that the copy of the complaint of this case stating the plaintiff's declaration of intention to terminate the lease of this case on the grounds of two or more lease structures was delivered to the defendant on June 11, 2015 is apparent in the record.

According to the above facts, since the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s delay of rent, the Defendant is obligated to deliver the instant real estate to the Plaintiff. From January 26, 2013 to the completion date of delivery of the instant real estate, the Defendant is obligated to pay the Plaintiff a rent of KRW 3,00,000 per annum or unjust enrichment equivalent to the rent of KRW 3,00 per annum.

Therefore, the plaintiff's claim of this case shall be accepted for all reasons and it is so decided as per Disposition.

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