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(영문) 광주지방법원목포지원 2019.12.18 2019가단51223
토지인도 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”) and the building listed in Paragraph (2) of the attached Table 2, which is the ground building.

B. On May 10, 2016, the Plaintiff determined the lease term as to the Defendant and the instant building D and E from July 30, 2016 to July 29, 2018, respectively; the lease deposit as KRW 15,000,000 (total lease deposit KRW 30,000); and the monthly rent as KRW 650,000 (total monthly rent KRW 1,300,000) respectively; and the lease contract may be terminated if the annual rent of the lessee amounts to three (3) years; the value-added tax may be separately imposed under the special agreement; the lessee bears the full amount of the charge imposed upon the occurrence of the charge due to the electrical inheritance and change; and the lessee enters into a lease contract and the lease contract with the Defendant’s succession to the existing lessee (hereinafter “previous lease”).

C. From May 2018, the Defendant requested the Plaintiff to renew the previous lease agreement, and from June 2018, the Defendant sent the Plaintiff F and the instant building G message, etc.

As of July 29, 2018, the expiry date of the previous lease agreement, and as of July 9, 2018, the date of preparation was as of July 2018, the Plaintiff as the lessor and the Defendant, and the Plaintiff as the lessee, and the Plaintiff and the Defendant’s seal were as follows: “The monthly lease agreement of this case” (No. 5-1, No. 2, No. 13-1, No. 5-2, No. 5-1, No. 5-2, and No. 5-2, hereinafter “each lease agreement of this case”).

The main contents of the lease term are to be changed to 1,00,000 won (total monthly rent of KRW 2,00,000) among the existing lease terms and conditions, and if the total amount of rent of a lessee is equal to three, such as the previous lease term, the lessor may terminate the lease contract.

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