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(영문) 창원지방법원 2016.04.28 2015가단75028
차임 등 청구 및 사해행위취소
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Annex 1(1)(2) and each land listed in paragraph 1;

Reasons

1. Facts of recognition;

A. On July 2, 2013, the Plaintiff: (a) each year, each year, KRW 5,000,000 per deposit, and KRW 25,00,000 per annum, with respect to the land listed in the [Attachment 1] Paragraph (1) of the attached Table owned by the Plaintiff to the Defendant (hereinafter “instant land”).

7.2.2. The lease was made between July 2, 2013 and July 1, 2019 by setting the term of lease, and the total expenses notified during the lease period, such as the farmland diversion charges incurred in constructing a building on the ground above the above land, were borne by the Defendant, and if the lease contract is terminated, the former shall be restored to its original state and returned (hereinafter “instant lease contract”).

B. B. The Defendant is a building listed in attached Table (1)(2) on the ground of the instant land (hereinafter “instant building”).

After construction, registration of ownership preservation was completed on November 22, 2013. (c) On February 2, 2015, the Plaintiff paid the total of KRW 6,408,880, which was imposed by the Defendant to the Sacheon City Mayor. D. The Defendant is in arrears with the payment of the annual rent for two years under the instant lease agreement. [The evidence Nos. 1 through 4, E’s evidence No. 6, and the purport of the entire pleadings are as follows.

2. The fact that the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of delinquency in the rent of the two-year period, and the written application for modification of the purpose of the claim and the cause of the claim was served on December 10, 2015, is apparent in the record, and thus, the instant lease agreement was lawfully terminated.

Therefore, upon the termination of the instant lease agreement, the Defendant is obligated to remove the instant building and deliver the instant land to the Plaintiff, and the total amount of unpaid rent and development charges (25,00,000,000 annual rent of 25,408,880,000,000 annual rent of 25,000 from July 2, 2015 to December 10, 2015) and the annual rent of 25,000,000,000 annual rent of 20,000 from July 3, 2014, the following day, from July 3, 2014 to August 26, 2015.

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