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(영문) 수원지방법원 2019.08.28 2018가합28078
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 1,2,3,4,4,5,6,7, 1 of the attached Form No. 1, 2, 5, 6, 7, 1 of Suwon-si C Miscellaneous land 483.8 square meters.

Reasons

1. Basic facts

A. On November 7, 2013, the Plaintiff leased the instant land to the Defendant on a three-year basis from November 2013 to November 20, 2016, the deposit amounting to KRW 20 million, monthly renting to KRW 1.8 million, and the period from November 20, 2013 to November 20, 2016, and around that time, the Plaintiff handed over the instant land to the Defendant.

The special terms and conditions of the lease contract prepared at the time are "construction of a building for automobile maintenance on the ground in the present state (site) with the lessee's cost and responsibility, and conditional contract that the lessee is responsible and restores to its original state at the time of termination of the lease."

B. On November 30, 2016, the original Defendant entered into a contract with the Defendant to lease the instant land by setting the deposit amount of KRW 20 million (replacement with an existing deposit), KRW 190 million per month (prepaid on November 12, 2016), and the period from November 30, 2016 to November 29, 2018.

(hereinafter referred to as the “instant lease agreement.” The lease agreement, drafted at the time of the lease, states that the lessor may immediately terminate this contract when the delayed amount of rent of the lessee reaches the amount of three times of rent (Article 4). The special agreement stipulates that “The lease agreement is a condition/land only, and the building is a condition of lease on the present condition/land, and the second-class neighboring building (repair store) under the name of the Defendant on the building ledger constructed on the ground is to be restored to the original state of the site upon the termination of the lease or the eviction of the land.”

C. After a lease agreement was concluded on November 7, 2013, the Defendant constructed a general steel structure and other 222.35 square meters of a Class 2 neighborhood living facility on the ground surface (hereinafter “instant building”) on the part of the instant land connected each point in order to indicate 1, 2, 3, 4, 5, 6, 7, and 1 of the attached drawing among the instant land, and operated a motor vehicle repair point in the instant building.

From September 2017 to December 2017, the defendant shall be 4.

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