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(영문) 인천지방법원 2020.05.08 2019가단240819
토지인도
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver 1,855 square meters prior to Dong-gu Incheon Metropolitan City D;

B. From November 1, 2019, the same shall apply.

Reasons

1. Facts of recognition;

A. On September 1, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) and with respect to KRW 1855 square meters prior to D, Nam-gu, Incheon Metropolitan City (hereinafter “instant land”), which is owned by the Plaintiff, with respect to the lease deposit of KRW 10 million, KRW 11 million per month, monthly rent (including value-added tax), and from November 1, 2017 to October 31, 2019 (hereinafter “instant lease agreement”).

B. On October 17, 2017 with the Plaintiff’s consent, the Defendant Company set the 1518 square meters out of the instant land to Defendant C as a sub-lease deposit with KRW 12 million, monthly rent with KRW 1.2 million (excluding value-added tax), and the sublease period from November 1, 2017 to October 31, 2019.

C. Defendant C occupied the entire land of this case and installed movable-type housing on the ground of the instant land.

On April 29, 2019, the head of Southern Dong notified the Plaintiff of the corrective order to remove illegal buildings, etc. on the instant land, and the order to reinstate the land illegal diversion on May 24, 2019.

On the other hand, Defendant C subleaseed the instant land to E without the consent of the Plaintiff or the Defendant Company, and as of the date of closing argument of the instant land, Defendant C occupied the instant land.

E. The Defendants did not pay the Plaintiff the difference under the instant lease agreement after November 1, 2019.

On January 16, 2020, the Plaintiff expressed his intent to terminate the instant lease agreement pursuant to Article 4 of the instant lease agreement on the grounds of the delinquency in rent for at least two years of the Defendant Company as a preparatory document on January 16, 2020, and the said preparatory document was served on the Defendant Company on January 22, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. Lease is effective when one of the parties has agreed to allow the other party to use or take profit from an object, and the latter has agreed to pay rent for it.

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