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(영문) 창원지방법원 2020.09.03 2019나65624
건물등철거
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The plaintiff and the defendant are the first instance court.

Reasons

1. Facts of recognition;

A. On February 1, 2012, the Plaintiff entered into a lease contract with the Defendant for a lease deposit of KRW 5,00,000,000 per annum D 239.4 square meters, monthly rent of KRW 350,000 (prepaid on March 1, 2012), and the lease term of KRW 2 years from March 1, 2012 to February 28, 2014 (hereinafter “instant lease contract”). The Defendant paid KRW 5,00,000 to the Plaintiff around that time.

On the other hand, on July 5, 2012, the above land was divided into each land listed in the separate sheet (1) (hereinafter “each land of this case”).

B. The Defendant constructed a new building on the land of the leased object of this case (hereinafter “instant building”), and the Defendant commenced the construction on March 19, 2012 and obtained approval for use on July 3, 2012.

On August 16, 2012, the registration of ownership preservation was completed in the name of E, and on September 6, 2016, the registration of ownership transfer was completed in the name of the co-defendant C of the first instance court, the defendant's wife.

In addition, the Defendant installed one mobile container on the land of the leased object of this case and used it together with the building of this case.

C. Since then, the instant lease agreement has been implicitly renewed and maintained.

However, the Plaintiff and the Defendant agreed to increase the rent to KRW 400,000 per month and KRW 450,00 per month after January 2016.

From August 2017, the Defendant did not pay the rent under the instant lease agreement. For this reason, the Plaintiff served on August 30, 2019 a duplicate of the application for alteration of the purport of the claim and the cause of the claim, including the declaration of intent to terminate the instant lease agreement, to the Defendant.

The Defendant expressed his intent to terminate the instant lease agreement to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

(a) In the case of land lease the object of which is to own a building or any other structure, the rent in installments of the lessee shall be the amount of two rents;

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