(영문) 수원지방법원 2015.11.13 2014가단58050

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Reasons

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(영문) 수원지방법원 2015.11.13 2014가단58050

토지명도 등

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1. The defendant shall be the plaintiff.

(a) all fences, etc. installed at the boundaries of each part of the real estate listed in the separate sheet;

Reasons

1. Basic facts

A. The Plaintiff, the owner of Young-gu, Suwon-si, Suwon-si, c, 343 square meters (hereinafter “instant land”), determined 30 square meters of the instant land as KRW 24 months of the lease term and KRW 300,000 of the monthly rent to the Defendant around April 2010.

B. The Defendant used part of the instant land for the water business, installed a fence on each part of the real estate indicated in the separate sheet, and filled up waste, waste, etc. on the ground.

C. As the Defendant paid only the rent up to July 201, and later did not pay the rent, the Plaintiff notified the Defendant of the termination of the lease agreement on the instant land on August 13, 2014.

[Reasons for Recognition] Uncontentious Facts, entry and video of Gap evidence 2, 4, 5, and 7, the result of the measurement and appraisal commission to the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination:

A. According to the facts of the judgment as to the cause of the claim, since the lease contract for the part of the instant land was lawfully terminated due to the Defendant’s delayed delay, the Defendant is obligated to remove all facilities, such as fences, installed on the boundary of each part of the real estate listed in the separate sheet, remove all things, such as height and waste, etc., loaded on the ground, deliver each part of the real estate listed in the separate sheet, and return the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 300,000 per month from August 1, 2011 to the delivery date of each part of the real estate listed in the separate sheet.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted that he leased the above land and part of the instant land in the amount of KRW 7,50,000,000,000, from E, the owner of the said land, which is the owner of the area of KRW 59,000,000 adjacent to the instant land, and paid the said rent. However, the Plaintiff completed the registration of ownership transfer on June 3, 2003 with respect to the instant land, and the Defendant also concluded a lease contract with the Plaintiff, and suspended the said payment

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