(영문) 부산지방법원 2016.01.15 2015가단37975

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(영문) 부산지방법원 2016.01.15 2015가단37975

토지인도 등

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1. The Defendants are to the Plaintiff:

(a) Of the lands listed in the separate sheet, each point is indicated in 7 to 14, and 7 in the separate sheet.

Reasons

1.The following facts may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1 and 4 and the whole purport of arguments as a result of the request for measurement and appraisal to the Korea Land Information Corporation in this Court:

On October 17, 2014, the Defendants, the vice-party owners, leased the land indicated in the separate sheet (hereinafter referred to as “instant land”) from the Plaintiff, the owner of which was the owner, as the lease deposit amount of KRW 5,000,000,000, monthly rent of KRW 1,000,000, and the period of KRW 24 months in the name of Defendant B.

(2) According to the instant lease agreement, the Defendants may terminate the instant lease agreement in a case where the Defendants were in arrears for more than two years.

B. The Defendants paid the above lease deposit to the Plaintiff at the time of the instant lease agreement, installed each container, consortium, and breaking machine as indicated in Paragraph (1) of this Article on the ground upon delivery of the instant land from the Plaintiff, and used the instant land for the purpose of crushing and camping up to the closing date of the pleadings.

C. Nevertheless, the Defendants did not fully pay to the Plaintiff the difference from January 25, 2015.

On the other hand, the copy of the instant complaint was served on June 11, 2015 with Defendant B, and on June 22, 2015 with respect to Defendant C, respectively, to the effect that the instant lease contract is terminated on the grounds of the delinquency in rent for more than two years by the Defendants.

2. Determination

A. According to the facts found in the judgment as to the request for removal, removal, and delivery, the instant lease agreement was lawfully terminated at least two of the Defendants’ delinquencys, and thus, the Defendants are obligated to remove and remove each container, consortium mark, scraper, and soil set forth in Paragraph (1) of this Article, and deliver the instant land to the Plaintiff.

(b)the rent in arrears shall be equivalent to the rent in arrears;

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