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Reasons
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(영문) 대전지방법원 2016.05.26 2015가단9438
토지인도등
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1. The defendant shall be the plaintiff.

(a) turn over 436 square meters in Sejong Special Self-Governing City B;

(b) from March 1, 2015, KRW 39,00,000 and KRW 39,000.

Reasons

1. Basic facts

A. On November 6, 2012, Sejong Special Self-Governing City B (hereinafter “instant land”), C, the owner of 436 square meters in paddy-gu, Sejong Special Self-Governing City (hereinafter “instant land”), completed the registration of ownership transfer for the instant land on the ground of sale on September 28, 2012.

B. The Defendant leased and occupied the instant land from C. However, after the Plaintiff became the owner, the Plaintiff concluded a lease agreement with the Defendant by setting the rent of KRW 3,500,000 per month without a deposit for lease.

(hereinafter “instant lease agreement”). C.

The defendant paid to the plaintiff the monthly rent before October 24, 2013, and later paid the following rent.

KRW 14,00,000,000 on June 2, 2014; KRW 14,000,000 on August 26, 2014; and KRW 3,000,000 on October 31, 2014;

D. The Defendant agreed that KRW 3,00,000,000, which was installed by the Defendant on behalf of the Plaintiff, paid the Defendant’s monthly rent to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-1, Eul evidence 3-1 (the same as Eul evidence 2-4, the defendant asserted that it was made by plaintiff's coercion, but there is no evidence to acknowledge it), Gap evidence 3-2 (the same as Eul evidence 2-6), Gap evidence 4, Eul evidence 1, Eul evidence 2-5, Eul evidence 2-5, the purport of the whole pleadings [Insufficient evidence] Eul evidence 1, Eul evidence 2-2, Eul evidence 3, Eul evidence 4-1, Eul evidence 4-2 / [new evidence] Eul evidence 2-2

2. According to the above facts, in the case where the plaintiff terminated the lease contract of this case by serving a copy of complaint of this case on the ground of delinquency in payment of two or more occasions, the defendant is obligated to deliver the land of this case to the plaintiff, and to pay to the plaintiff 39,00,000 won [=56,00,000 won + 16 months from October 25, 2013 to February 24, 2015 + 17,00,000 won per month] and 17,00,000 won per month at the rate of 3,50,000 won from March 1, 2015 to February 24, 2015 sought by the plaintiff.

3. The plaintiff's conclusion of this case.

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