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(영문) 의정부지방법원 2016.06.22 2016가단4709
토지인도 등
Text

1. The defendant shall carry out various kinds of scrap metal, plastic, and vacants loaded on the land described in paragraphs 1 and 2 from among the real estate listed in the separate sheet.

Reasons

1. A (1) around April 2014, the lease period for the lease of real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant (Lessee) was from June 1, 2014 to May 31, 2019; the lease deposit was KRW 10 million for the lease deposit; and the monthly rent was KRW 2.7 million for the lease deposit.

(2) On May 26, 2015, the Plaintiff acquired the ownership of the instant real estate from C, and succeeded to the lessor’s status of the said lease agreement concluded between C and the Defendant.

(3) The Defendant is currently using any scrap metal, plastic, and official disease loaded on the land listed in the separate sheet, among the real estate listed in the separate sheet.

(4) The Defendant only paid a monthly rent to the lessor up to June 2015, and did not pay the rent thereafter.

(5) On January 8, 2016, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract was terminated on the grounds of the delinquency in rent.

[Reasons for Recognition] A.1-6 Each entry and video (including a serial number), the purport of the whole pleadings

2. The lessor may terminate the lease contract if the annual rent of the lessee reaches the two-term rent (Article 640 and Article 641 of the Civil Act). Since the lease contract of this case was terminated on or around January 8, 2016 on the ground of the Defendant’s two-term rent delay, the Defendant is obligated to restore the Plaintiff to the duty of restitution upon termination of the lease contract, and collect various scrap iron, plastic, and vacant bottles, etc. loaded on the land listed in the attached Table No. 1, 2, and deliver the land listed in paragraphs (1) and (2) and (3) to the Plaintiff, and the Defendant is obligated to pay the Plaintiff KRW 8,900,000 (the remainder after deducting the lease deposit from KRW 18,90,000,000,000,000,000 from January 2, 2016) and the amount equivalent to the lease deposit from February 1, 2016 to February 7, 2016.

3. The defendant's assertion has concluded a lease contract with the plaintiff.

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