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(영문) 수원지방법원성남지원 2019.02.20 2018가단230853
토지인도
Text

1. The defendant shall be the plaintiff.

(a) Of the land listed in the attached list, each point is indicated in the attached Form 1, 2, 3, 4, and 1;

Reasons

The following facts are not disputed between the parties, or may be acknowledged by the purport of each entry in Gap evidence and the whole pleadings.

① On April 30, 2014, the Plaintiff leased land indicated in the attached list to C as KRW 495,00 (including value-added tax) monthly rent, and C around April 30, 2015, the Defendant is entitled to KRW 1-A of the above land.

The portion indicated in the subsection (hereinafter “instant land”) was set at KRW 495,00 per rent and sub-leaseed as KRW 495,00.

② The Defendant occupied the instant land from around June 30, 2015, and paid to the Plaintiff KRW 495,00 per month (4.50,000 after subtracting value-added tax from 2017) as the difference between the Plaintiff and the Plaintiff. However, until August 31, 2018, the Defendant did not pay a total of KRW 585,00 per month until August 31, 2018.

③ Accordingly, the Plaintiff expressed his intent to terminate the above lease contract to the Defendant by serving a duplicate of the complaint of this case.

According to the above facts, since the above lease contract was terminated upon termination, the defendant is obligated to deliver the land of this case to the plaintiff, and to pay the amount of rent or unjust enrichment equivalent to the rent, calculated at the rate of 450,000 won per month from September 30, 2018 to September 30, 2018, unless there are other special circumstances.

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