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(영문) 서울고등법원 2019.02.22 2018나2053499
토지인도
Text

1. Of the judgment of the court of first instance, Defendant J ordering the Plaintiff to pay more than KRW 18,285,863 among the judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants entered into and renewed a lease agreement (hereinafter collectively referred to as the “each of the instant lease agreement”) for the purpose of owning a building with respect to each of the relevant lands listed in the column for “land lease object” in the table on the current status of land lease [Attachment 1] owned by the Plaintiff (hereinafter collectively referred to as “each of the instant lands”) between the Defendants and the Defendants. After receiving delivery of each of the instant lands from the Plaintiff, the Defendants owned the buildings and containers ( collectively referred to as “each of the instant buildings owned by the Defendants” as indicated in the column for “building owned by the Defendants” in the said table on the ground.

B. In relation to each of the instant lease agreements, the Plaintiff increased the rent to the Defendants, as indicated in the “increased rent” column in the land lease status table, respectively. The Defendants did not fully pay the said rent during the period indicated in the “annual period” column in the same Table.

On the other hand, according to the result of the court's entrustment of appraisal of rent to the appraiser'sO by the court of first instance (hereinafter "court appraisal"), the rent based on the actual status of each of the lands of this case is as stated in the "court appraisal" column of the same Table.

C. On January 6, 2015, the Plaintiff notified the Defendants that each of the instant lease agreements will be terminated due to the delinquency in paying two or more rents, and each of the above notification is given.

1. 7. The Defendants reached each of them.

(A) The Plaintiff sent to Defendant J an application for modification of the purport and cause of the claim made on March 17, 2017, which included a declaration of intent to terminate the lease contract on the ground that the Plaintiff was in arrears of at least two years after March 2014, and a duplicate of the said application was served on the same day.

Meanwhile, Defendant I, among the increased rent in March 13, 2015, KRW 1080,000,000,000 for the rent in 2012 and year 2013, as the Plaintiff:

3. 31. Of increased rent, KRW 680,000,000 were paid for the year 2014 (Evidence 3), and Defendant J around January 5, 2015.

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