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(영문) 광주지방법원 2017.05.18 2016나9731
토지인도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff et al. is the owner of the instant land.

The defendant owns a F 446 square meters in the city near the land of this case, and operates a telecom.

B. On September 2013, the Plaintiff et al. asserted that the Defendant, at the time of entering into the instant lease agreement, did not set the lease term for the land in question to the Defendant and agreed to KRW 200,000 per month that the land in question is the tea at the time of entering into the instant lease agreement, but there is no counter-proof to reverse the said recognition.

c) leased;

(hereinafter “instant lease agreement”). C.

From September 2013 to July 2016, the Defendant paid the following sum of KRW 2,200,000 as follows:

The amount of payment (source) 2013-12-12 400,000 2014-04-04-02 200,000 2014-05-07 2000 2014-19 200,000 2014-06-19 200,000 2014-11-05 200,000 2000 2015-01-28 200,000 200,00 2015-28 200,000 205-05-08 200,000 205-11-30, 2000 20,000 20,000 20,016-01-04 20,000

D. On July 7, 2016, the Plaintiff sent a content-certified mail to the effect that the instant lease contract is terminated without any further notice and accordingly claims the delivery of the instant dispute land, and the content-certified mail reached the Defendant around that time.

However, the defendant did not comply with the above request of the plaintiff.

E. After entering into the instant lease agreement, the Defendant uses the land in question as a parking lot for the telecom to which he/she operates.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts found in Paragraph 1 of Article 1 of the Claim for Delivery of Land in the instant dispute, the instant lease agreement is concluded by the Defendant on July 20, 2016.

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