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(영문) 대전지방법원논산지원 2020.01.23 2019가단671
토지인도 및 미지급 차임
Text

1. The defendant shall be the plaintiff.

(a) Attached Table 1, 2, 3, 4, 5, 6, and 1 of the appraisal map on the land indicated in the attached list.

Reasons

1. Basic facts

A. On March 12, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the land indicated in the separate sheet, which is owned by the Plaintiff (hereinafter “instant land”).

The term of lease of KRW 200,000 (Advance payment) monthly rent of KRW 1,000,000 shall be 20,000 from March 12, 2014 to March 11, 2019 (60 months) and shall be prohibited from using the leased site without any terms and conditions at the time of the sale of the leased site under the lease site after checking the lessee's site.

When the restoration to the original state is not performed, civil or criminal lessees shall be responsible.

No solid building among leases shall be constructed.

The rent of 2.4 million won shall be paid in advance on March 12 each year from 2015.

B. From October 2014, the Defendant began to pay the rent in arrears, and from 2015, the Defendant paid the rent in installments on a monthly basis, even though it was paid in advance as a one-year rent under the foregoing special agreement. The Defendant did not pay the rent in arrears to the Plaintiff. The total rent paid by the Defendant to the Plaintiff is KRW 4.7 million.

C. On November 20, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement due to the delinquency in rent.

On the other hand, on the ground of the instant land, the portion of the “1” greenhouse (hereinafter “the instant vinyl”) connected with each point of the attached Table 1, 2, 3, 4, 5, 6, and 1, the appraisal of which the Defendant constructed each point of the attached Table 1, 2, 3, 4, 5, 6, and 1, and the same appraisal of each point of 4, 5, 7, 8, and 4, are planted by the container “bb” (hereinafter “instant container”) and each signboard pole (hereinafter “instant signboard pole”) connected each point of 4, 5, 7, 8, and 4, and the same appraisal of each point are planted.

[Ground of recognition] Gap evidence Nos. 1, 2, 4, Gap evidence Nos. 3-1 through 5, the result of this court's request for survey appraisal, the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement is legitimate due to the Defendant’s delinquency in rent.

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