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(영문) 울산지방법원 2016.02.05 2015가단11112
토지인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 8,800,000 won and January 15, 2016

Reasons

1. Facts of recognition;

A. On July 17, 2013, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) that leases real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant and the Defendant leases that real estate (hereinafter “instant real estate”) with the following content:

1. Lease deposit: Monthly rent of KRW 1.6 million: Term of 1.6 million (prepaid on July 31, 2013): Matters stipulated under a special agreement between July 31, 2013 and July 31, 2016: The plaintiff may terminate the contract immediately when the monthly rent of KRW 3 million is overdue.

B. Since August 15, 2013, the Plaintiff and the Defendant agreed to pay monthly rent in advance on the 15th day of each month as the Defendant used the instant real estate from August 15, 2013.

C. The details of the Defendant’s payment of rent from August 15, 2013 to the date of the closing of argument in the instant case are as follows.

Serial Payment Date: (a) KRW 9,600,000,000 won on October 28, 2013; (b) KRW 1.6 million on December 3, 2015, KRW 1.6 million on December 4, 2013; and (c) KRW 3,60,000,000 on March 1, 31, 2013, KRW 1.6 million on April 1, 15, 2015; and (d) KRW 3.6 million on June 3, 2015, KRW 1.6 million on April 1, 2015, KRW 3.6 million on June 3, 2015, KRW 1.6 million on June 3, 2015; and (e) KRW 5,500,000,000 on April 3, 2015, KRW 3200,005.

D. The Plaintiff filed the instant lawsuit seeking the termination of the instant lease agreement and the delivery of the instant real estate and the payment of rent on the ground that the Defendant was in arrears with more than three months, and the instant warden, which contained an expression of intent to terminate the contract as above, was served on the Defendant on May 18, 2015.

[Ground for Recognition: Facts without dispute, Gap's 1 through 3, 5 through 7, Eul's entries in subparagraphs 1 through 16, the purport of whole pleadings]

2. The allegations by the parties and the determination thereof

A. The Plaintiff 1’s monthly rent under the instant lease agreement is at least three months.

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