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(영문) 서울중앙지방법원 2017.03.23 2016가단65436
토지인도 등
Text

1.(a)

Of the 67 square meters in Gangnam-gu Seoul Metropolitan Government, the Defendant has each point in the attached Form 1, 2, 10, 5, 6, 7, and 1.

Reasons

1. Facts of recognition;

A. On April 1, 2003, the Plaintiff, the Plaintiff owned, set the amount of KRW 67 million per year, KRW 3 million per year, annual rent, and KRW 4 million to the Defendant.

(hereinafter “instant lease agreement”). B.

Since then, the instant lease agreement was implicitly extended, and on January 13, 2016, the Plaintiff did not intend to renew the instant lease agreement to the Defendant and notified the transfer of the said land and restoration to its original state by March 31, 2016.

C. On June 15, 2016, the Plaintiff received delivery from the Defendant for the remainder of 3.429 square meters in the part 3.571 square meters in the ship (i) that was successively connected with each point of the attached Form 1, 2, 3, 4, 5, 6, 7, and 1, among the above C 67 square meters, other than the portion of (i) 3.571 square meters in the ship (hereinafter “instant land”).

On October 4, 2010, the plaintiff and the defendant settled that the remaining deposit after deducting the overdue rent was KRW 1 million.

On April 9, 2015, the Plaintiff received KRW 4 million as annual rent from the Defendant.

The monthly rent of the instant land, which is the part owned by the Defendant, shall be 167,000 won (4,00,000 won x 33.571 square meters ± 67 square meters ± 12 months), as sought by the Plaintiff.

From April 1, 2016 to September 30, 2016, the deposit was deducted from the deposit, and all of the deposit was extinguished.

The Plaintiff stated in the Plaintiff’s complaint that “I will offset the amount of KRW 167,000 that the Plaintiff shall return to the Defendant against the Defendant’s KRW 167,00 per month that the Defendant shall pay to the Plaintiff,” and thus, the Plaintiff’s rent of KRW 1,002,00 on April 1, 2014 is deemed to have been appropriated for KRW 1,00,000 in the balance of the deposit.

E. The Defendant leased the instant land and, on its ground, installed the plastic houses as indicated in the instant paragraph (a) of the disposition No. 1 (hereinafter “instant plastic houses”) and used it until now.

(In fact that there is no dispute, entry of Gap evidence 1 through 6, the purport of the whole pleadings.

2. Determination

A. The instant lease agreement between the Plaintiff and the Defendant on the grounds of the claim expires on March 31, 2016.

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