(영문) 수원지방법원 2016.06.10 2015가합65472

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(영문) 수원지방법원 2016.06.10 2015가합65472

토지인도

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1. The defendant shall be the plaintiff.

(a) remove the facilities listed in paragraph 2 of the attached list and set out in paragraph 1 of the attached list.

Reasons

1. Basic facts

A. On November 6, 2013, the Plaintiff entered into a lease agreement with the Defendant on the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) with regard to the lease deposit of KRW 50 million, KRW 4.4 million per month (payment on January 15), and the lease term of KRW 4.4 million per month (hereinafter “instant lease agreement”) from November 15, 2013.

B. Upon delivery of the instant land, the Defendant installed, on the ground, the facilities identical to those indicated in the attached Table 2, such as a set, etc. for photographing and photographing motion pictures (hereinafter “instant facilities”).

C. The Plaintiff exempted the Defendant from the rent for three months after the delivery of the instant land, and the Defendant paid the rent to the Plaintiff KRW 4.4 million on March 31, 2014;

4.30.4 million won;

5.28.4 million won;

7. 18.4 million won paid only the sum of KRW 30.4 million on July 4, 198, and KRW 30.4 million on February 17, 2015, which was not paid any more.

On April 14, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement if the Plaintiff did not pay the overdue charge by April 30, 2015, and the notification reached the Defendant on April 20, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers in case of additional number), appraiser B's appraisal result, purport of whole pleadings

2. (1) The Defendant did not pay two or more rents at the time of arrival of the Plaintiff’s notice of cancellation on April 14, 2015. As seen earlier, the instant lease agreement was terminated.

Therefore, the Defendant is obligated to remove the instant facilities on the ground of the instant land as a result of the termination of the instant lease agreement and return the instant land to the Plaintiff, and is obligated to pay the unpaid rent and unjust enrichment equivalent to the rent from the date of completion of delivery of the instant land.

(2) The lease contract term of this case is the amount of rent and unjust enrichment refund.

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