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1. From October 1, 2013, the Defendant’s KRW 8,952,100 from the Plaintiff to the following:
the delivery of each building described in the subsection; and
Reasons
1. Determination on the cause of the claim
A. The facts of recognition (1) on July 28, 2008, the Defendant entered into a lease agreement on real estate indicated in the separate sheet with the deceased C, the father of the Plaintiff, and the lease term of ten months (hereinafter “instant building”; and the Plaintiff acquired the ownership of the instant building by inheritance by agreement and division on January 24, 2010. The rent of the said lease agreement was changed to KRW 200,000 per month, but the period was renewed without setting.
(2) The Defendant did not pay the Plaintiff the rent from October 1, 2013. The Plaintiff expressed in the instant complaint the intent to terminate the lease agreement on the grounds of the Defendant’s delinquency in payment, and a duplicate of the complaint was served on the Defendant on May 12, 2014.
(3) After entering into a lease agreement, the Defendant installed sand site board, C-type river, and steel-recover structure on the ground of 30 square meters in part (i) of the ship connecting each point of the items indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in the separate sheet No. 1, 2, 3, 4, 5, 6, and 1.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 6, Eul evidence 1, the purport of the whole pleadings
B. According to the above facts, the lease contract of this case was legally terminated on the ground of the Defendant’s delinquency in rent, or at the time six months have elapsed since the lessor notified the termination of the lease contract on a building with no time limit agreed upon.
(See Article 635 of the Civil Act). Therefore, barring any special circumstance, the Defendant shall deliver the instant building to the Plaintiff, remove a structure installed on the ground of 30 square meters in part (i) part of 30 square meters in the attached drawings, and deliver a part of 30 square meters in the ship to the Plaintiff, and the rent equivalent to the monthly rent calculated at the rate of 200,000 won from October 1, 2013 to the completion of delivery of the building and removal of the structure.