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(영문) 청주지방법원영동지원 2015.01.30 2014가단5042
토지인도
Text

1. The defendant shall be the plaintiff.

A. We collect and collect spats and spats in each land listed in the separate sheet.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either the dispute between the parties or the evidence Nos. 1, 2-1, and 2.

Around January 1, 2002, the Plaintiff entered into a lease agreement with the Defendant, setting the lease period from January 1, 2002 to December 31, 2015, with each of the lands listed in the separate sheet owned by the Plaintiff (hereinafter “instant land”) and its ground facilities located on the Plaintiff’s land (hereinafter “instant lease agreement”) by stipulating that the lease period shall be from January 1, 2002 to December 31, 2015, the rent shall be KRW 2 million per annum from 2002 to 2007, and the special agreement shall be KRW 250,000 per annum from 208 to 31 December 2015 (hereinafter “instant lease agreement”).

B. The Defendant received the delivery of the instant land in accordance with the instant lease agreement, and planted polym trees and posium trees on the instant land, and occupied and used the instant land up to now.

C. From 2008 to 2012, the Defendant paid the Plaintiff the rent of KRW 2.5 million per annum, not only the annual amount of KRW 2.5 million under the instant lease agreement, and only paid the rent of KRW 1 million in 2013.

The Plaintiff expressed his/her intention to terminate the instant lease agreement on the ground that the Defendant was in arrears with two or more vehicles, and the said warden reached the Defendant on October 15, 2014.

2. Determination

A. According to the above facts, since the lease contract of this case was terminated due to the termination of the defendant's default, the defendant is obligated to collect and deliver to the plaintiff the land of this case by collecting posium trees and posium trees planted by the defendant within the land of this case.

B. In addition, the Defendant seeks to the Plaintiff the sum of KRW 2.5 million (i.e., the annual rent of KRW 500,000 from 208 to 2012 (i.e., five years), the unpaid rent of KRW 1.5 million in 2013, and the unpaid rent of KRW 2.5 million in 2014, and the Plaintiff’s claim after the termination of the instant lease agreement.

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