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(영문) 창원지방법원마산지원 2016.08.11 2016가단1611
토지인도등
Text

1. The defendant is against the plaintiffs:

(a) Attached drawings among the area of 3,274 square meters in Masan-si, Changwon-si. (2), (4), and (6)

Reasons

1. Facts of recognition;

A. On October 6, 2015, the Plaintiffs are the spaces where 500 square meters and 500 square meters and 500 square meters and 243.65 square meters and 243.65 square meters and 500 square meters and 243.65 square meters and 89.65 square meters and 243.65 square meters and 243 square meters and 666 square meters and 66 square meters and 246 square meters and 243.65 square meters and 243.65 square meters and 243.65 square meters and 243.65 square meters and 243.65 square meters and 89.4 square meters and 2-story housing.

A rental deposit amounting to KRW 15 million, KRW 2 million per month (Provided, That until December 29, 2016, KRW 1.5 million per month, and KRW 1.5 million per month), and the lease period from October 30, 2015 to October 30, 2017 (hereinafter “instant lease agreement”).

B. On the date of concluding a contract, the Defendant agreed to pay the Plaintiffs KRW 2 million out of the deposit, and KRW 8 million by October 30, 2015, and KRW 5 million of the remainder deposit by January 1, 2016.

C. According to the instant lease agreement, if a party fails to fulfill the contractual terms, the other party may notify in writing the person who failed to fulfill the contractual terms and conditions and rescind the contract.

(Article 6. D.)

As the Defendant did not pay a deposit of KRW 8 million and KRW 1.5 million until November 1, 2015, the Plaintiffs notified that the instant lease agreement will be rescinded on November 9, 2015, and the said notification reached the Defendant around that time.

E. Meanwhile, the Defendant received the delivery of the instant land and installed facilities, such as a water tank, tent structure, etc. (hereinafter “instant facilities”) on the ground, and stored materials, etc.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 4 (including branch numbers in case of additional number) and the purport of the whole pleadings

2. Determination

A. The Defendant breached the obligation to return restitution, rent, and unjust enrichment, and the obligation to pay the deposit under the agreement, based on which the Plaintiffs notified the termination of the instant lease agreement on November 9, 2015.

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