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(영문) 수원지방법원 평택지원 2018.08.23 2018가합482
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the lands listed in Appendix 1 List 2, each point of Attached Form 1, 2, 3, 4, and 1.

Reasons

1. Indication of claim;

A. The Plaintiff is the owner of each land listed in the separate sheet No. 1 (hereinafter “each land of this case”).

B. On August 26, 2017, the Plaintiff and the Defendant concluded a lease agreement with the Defendant, setting each of the instant land as a deposit deposit of KRW 20 million, monthly rent of KRW 3 million (excluding value-added tax), and a building site for the purpose of use as a stone site (hereinafter “instant lease agreement”).

C. On September 20, 2017, the Defendant received delivery of each of the instant land and occupied and used it as a stone-free site, and installed and used the steel frame and wooden concrete structure (project site) with the height of 14 meters in width, 12 meters, and 1.4 meters in the part of the ship (A) connected in sequence with each point of (a) the part of the land listed in attached Table 1 List 2, 2, 3, 4, and 1, which are part of the land listed in attached Table 1 List 2.

The defendant did not pay rent after November 19, 2017.

E. The Plaintiff terminated the instant lease agreement on the ground of the nonperformance of the obligation to pay rent to the Defendant, and expressed his/her intention to terminate the lease by serving a duplicate of the instant complaint on the Defendant.

F. Since the instant lease contract was terminated, the Defendant should remove to the Plaintiff the steel frame and wooden concrete structure (construction unit) with the size of 14m wide, 12m high, 1.4m high and 1.4m wide, and deliver each of the instant land from November 20, 2017 to the completion date of delivery of each of the instant land, the Defendant should pay or return rent or unjust enrichment equivalent to the rent calculated at the ratio of KRW 3,300,000 per month calculated from November 20, 2017 to the completion date of delivery of each of the instant land.

2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act:

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