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Reasons
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(영문) 대전지방법원 2016.02.16 2015가단202107
토지인도
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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The attached drawing Nos. 1, 2, 3.3 among the area B of Daejeon Pungdong B 534.9m2

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 9, 2014, the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,500,000, monthly rent of KRW 1,500,000, and the term of lease from January 1, 2015 to December 31, 2017 (hereinafter referred to as “instant lease agreement”) with respect to the land owned by the Plaintiff. The main contents are as follows.

Article 1 (Purpose of Use) The Defendant shall use the instant land as at the time of the conclusion of this Agreement and shall not construct buildings or structures.

However, it is possible to install facilities necessary for mobile wooden housing (11 square meters) and parking lot business.

Article 4 (Delivery of Land) The Plaintiff shall deliver the instant land to the Defendant on the contractual day.

Article 5 (Matters to be Consented) The defendant shall obtain written consent from the plaintiff in any of the following cases:

1. When he transfers the right of lease or intends to sublease the land of this case;

2. When intending to change the purpose of use stipulated in this contract, the defendant shall immediately restore the land of this case to the plaintiff when the term of the contract expires or termination of the contract is terminated.

Article 7 (Termination of Contracts) In any of the following cases, the other party may terminate the contract without a peremptory notice of discharge, etc.:

1. Where the defendant violates Articles 1 and 5;

2. Where the defendant delays rent referred to in Article 2 for at least two months;

3. Where the plaintiff violates Article 4;

4. Where the plaintiff violates Article 9;

5. Where the defendant is unable to achieve the purpose of this contract due to any other cause attributable to the plaintiff, if the defendant violates Article 6, he/she shall pay the amount of rent monthly until restitution and delivery.

B. Under the instant lease agreement, the Plaintiff delivered the instant land to the Defendant on December 9, 2014, and the Defendant on the same day.

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