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(영문) 전주지방법원 2020.07.16 2019나5171
토지인도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall indicate to the plaintiff the attached real estate in paragraphs (1) and (2).

Reasons

1. Basic facts

A. On October 1, 2011, the Plaintiff leased the land and buildings listed in the disposition No. 1-A, B-B (hereinafter “the lease object of this case”) owned by the Plaintiff as security deposit of KRW 20,000,000, monthly rent of KRW 800,000, and the period from October 1, 201 to 36 months.

(hereinafter “Lease of this case.” Meanwhile, from around 2000, C used the leased object as a parking lot by the Plaintiff’s father, who was the owner of the leased object from around 200, before the Plaintiff’s father succeeded to the leased object of this case.

B. On October 30, 2014, C sub-leaseed the instant leased object to the Defendant as KRW 20,000,000 per deposit, KRW 800,00 per month of rent, and period from October 30, 2014 to October 30, 2017.

(hereinafter “The instant sub-lease”). Meanwhile, from around 2010 to around 2010, C sub-leaseed the instant leased object to the Defendant under the name of the Defendant’s wife, and the Defendant used the instant leased object as a parking lot from around 2010, and concluded the instant sub-lease contract in the name of the Defendant around October 30, 2014.

C. C installed a walp facility made of steel pipe on the land indicated in the Disposition No. 1-A, and the Defendant used the leased object of this case in the state where walp facilities are installed.

The Plaintiff, C, and the Defendant agreed to pay directly to the Plaintiff with respect to the rent for the lease and the sublease of the leased object of this case (hereinafter “instant direct payment agreement”), and the Defendant did not pay several rents based on the sublease agreement.

Accordingly, the defendant, after reorganization of the monthly tax in arrears by the end of August on March 15, 2018, transfers the parking lot without any condition to the following time of arrears for at least two months during the following contract period.

By March 25, 320,000 won (per four months), excluding the 17 million won in arrears, shall be paid in installments, and one month prior to the settlement of the amount in arrears in August.

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