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(영문) 수원지방법원 여주지원 2021.02.03 2020가단850
비닐온실인도
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff leased the instant real estate from E on April 7, 2008 and occupied and used it, and around June 10, 2015, the Plaintiff subleted the instant vinyl room located in the said real estate to the Defendant for approximately one million won per annum and three years per sublet.

However, since 2017, the defendant suspended the use of the relevant vinyl room, stored various wastes, and disposed of them. The former rent has not been paid at all since June 11, 2016.

Accordingly, on October 28, 2019, the Plaintiff asked the Defendant to deliver the relevant vinyl room to the Defendant, and the Defendant also consented thereto and terminated the said sub-lease contract. As such, the Defendant is obligated to deliver the relevant vinyl room to the Plaintiff and pay the Plaintiff rent at the rate of one million won per annum from June 11, 2016 to the completion date of delivery of the said vinyl room.

B. It is insufficient to recognize that the instant vinyl greenhouse was concluded between the Plaintiff and the Defendant on the basis of the respective descriptions and images of Gap evidence Nos. 1 through 3 (including numbers), and that the said sub-lease contract was terminated for the same reason as the plaintiff alleged. The plaintiff's assertion is without merit, since there is no other evidence to acknowledge it.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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