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(영문) 대구지방법원 2020.01.09 2019가단134677
토지인도
Text

1. The defendant shall be the plaintiff.

A. 18 square meters per 18 square meter per 551 square meter of container in Daegu Northern-gu D, Daegu-gu, and scrap metal, vinyl, etc.

Reasons

1. Facts of recognition;

A. On June 1, 2003, the Plaintiff entered into a lease agreement between the Defendant and the Defendant, setting the lease deposit amount of KRW 3 million with respect to the Daegu Northern-gu D, Daegu-gu (hereinafter “instant land”), three million won from the contract date, three years from the contract date, and three million won from the monthly rent, respectively, and around that time, delivered the instant land to the Defendant in accordance with the said lease agreement.

B. On July 1, 2013, the term of lease was implicitly renewed, and the Plaintiff entered into a lease agreement with the Defendant by setting the lease deposit amount as KRW 6 million with respect to the instant land, 3 years from July 1, 2013, and 500,000 won on a monthly basis.

(B) After July 1, 2013, a lease agreement entered into upon partial revision of the terms and conditions is deemed to be “the instant lease agreement.”

The lease contract of this case was implicitly renewed and its lease term was extended.

In the meantime, the defendant continued to pay the monthly rent, and the amount of the monthly rent in arrears reaches 6 million won, which is the guarantee amount of the lease, and the monthly rent in arrears continued to be paid even thereafter. D.

Accordingly, on July 11, 2019, the Plaintiff sent to the Defendant a written statement stating the termination of the instant lease agreement (hereinafter “instant termination notice”) on the grounds that the monthly overdue amount of the monthly rent under the instant lease agreement exceeded the monthly tax amount for the two-year period (hereinafter “instant termination notice”).

The notice of termination of the instant case reached the Defendant around that time.

E. Since the Defendant received the instant land from the Plaintiff around June 2003, the Defendant loaded a container of 18 square meters per 18 square meters and various scrap irons, such as scrap metal, plastics, and vacant bottles, on the ground of the instant land from the date of closing the argument of the instant case to the date of closing the argument, and is running the business on the instant land.

[Recognition] Facts without dispute, Gap 1, 2, and .

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