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(영문) 수원지방법원 2020.02.12 2019가단520079
토지인도
Text

1. Defendant (Counterclaim Plaintiff) and Defendant C jointly pay KRW 2,700,000 to the Plaintiff.

2. The defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the owner of D 746 square meters in Sung-si (hereinafter “instant land”).

B. On January 3, 2008, the Plaintiff set a deposit of KRW 5 million and monthly rent of KRW 500,000 (excluding value-added tax) to Defendant C, and leased the instant land (the lease agreement includes the indication of the object erroneously stated in E in the case of industrialization) [the first lease agreement (No. 1) entered into at the time], and Defendant C engaged in historical commercial transactions from the above land with the trade name of “F”.

The lease contract on the land between the Plaintiff and the Defendant was implicitly renewed.

C. On January 1, 2016, the Plaintiff drafted a lease contract to change the lessee’s name to the name of Defendant B, the wife of Defendant C, at the request of Defendant C. The leased object is specified as the instant land, the lease period was changed to December 31, 2017 from the contract date to December 31, 2017, and the remaining conditions were maintained the same as the previous conditions.

[A’s revised lease agreement (No. 2) as above]. Defendant C continued to operate F in the instant land, and paid the Plaintiff a rent.

As the Plaintiff was not paid two or more vehicles from the Defendants, on December 14, 2018, notified the Defendants of the termination of the instant lease agreement (hereinafter “instant lease agreement”) on the grounds of the delinquency in rent.

E. On January 31, 2019, the Defendants removed most obstacles on the instant land and removed them from the said land.

On the other hand, among the land in this case, there were some obstacles on the land of 490 square meters in the ship connected with each point in sequence, such as pents and warehouses, among the land in this case, and the Defendant.

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