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(영문) 춘천지방법원속초지원 2017.11.07 2017가단31069
토지인도
Text

1. The Defendant delivers to the Plaintiff each land indicated in the separate sheet, and from May 16, 2017, the land above.

Reasons

1. Basic facts

A. On January 7, 2016, the Plaintiff entered into a lease agreement with the Defendant on each of the land listed in the separate sheet (hereinafter “instant land”) with a deposit of KRW 30 million, monthly rent of KRW 1700,000 (prepaid on December 16, 2015), and the lease period from December 16, 2015 to December 15, 2016 (hereinafter “instant lease agreement”), and around that time, delivered the instant land to the Defendant.

B. On September 8, 2016, the Plaintiff sent a content-certified mail to the Defendant that he/she had no intent to renew the instant lease agreement, and at that time, the said content-certified mail reaches the Defendant.

C. On June 15, 2017, the Plaintiff: (a) designated the Defendant as a depositee; and (b) deposited the instant lease deposit amount of KRW 30,000,000,000,000,000,000 from 2017, the Youngcheon District Court’s territorial branch branch.

The Defendant paid only the Plaintiff the rent or unjust enrichment equivalent to the rent by May 15, 2017, and has occupied and used the instant land up to the present day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above fact-finding, since the lease contract of this case terminated on December 15, 2016, the period expired, the Defendant is obligated to deliver the land of this case to the Plaintiff and pay the amount calculated by the ratio of KRW 1.7 million per month from May 16, 2017 to the date the delivery of the land of this case is completed.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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