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(영문) 울산지방법원 2018.06.20 2018가단50927
토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. On August 25, 2017, the Plaintiff concluded a lease agreement with the Defendant, setting a deposit of KRW 10 million, monthly rent of KRW 1.7 million, and from August 25, 2017 to August 25, 2020, with respect to the area of KRW 373.6 square meters (hereinafter referred to as the “instant land”).

[A] On August 22, 2017, the Defendant paid KRW 5 million as part of the deposit to the Plaintiff. On August 22, 2017, the Defendant paid KRW 5 million in advance to the Plaintiff, and on August 25, 2017, on August 25, 2017, KRW 5 million in the balance of the deposit and KRW 1.7 million in the monthly rent.

[A] The Plaintiff delivered the instant land to the Defendant on August 25, 2017.

When the plaintiff delivers the above land to the defendant, no material exists that concrete fences have been installed on the boundary line of the land of this case.

On September 25, 2017, the Defendant deposited the rent of KRW 1.7 million from September 25, 2017, and delayed payment of the rent for three months from October 25, 2017 to December 25, 2017.

On December 27, 2017, the Plaintiff sent a certificate of content to the Defendant, and notified the termination of the lease agreement and the payment of the rent in arrears, and the return of the instant land to its original state by January 15, 2018.

[A] On January 31, 2018, the Defendant: (a) made all the things placed on the ground of the instant land to the Plaintiff, and sent the pictures to the Plaintiff, along with the right letter pen paper, after which the things placed on the ground of the instant land were put up in a non-b

Accordingly, the plaintiff sent to the defendant a message, such as the last phrase of the right.

[B] The facts above 2] It is recognized that there is no dispute or the purport of the whole pleadings, other than the macroscopic evidence.

2. First, we examine the time of returning the instant land.

The plaintiff acknowledged the fact that the above photographic image was transmitted from the defendant, but on the other hand, did not restore concrete fences installed at the time of delivering the land to the defendant, and returned it only to the unclaimed site. Thus, this does not constitute "delivery of land after reinstatement".

However, the original.

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