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(영문) 부산지방법원서부지원 2020.12.03 2019가단113701
토지인도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point of the separate sheet No. 12, 11, 16, 13, and 12 is indicated.

Reasons

Basic Facts

The Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter referred to as “instant land”) and owned and used the instant land.

The Defendant had repeated payment and delinquency in the instant land to the Plaintiff. From around 2012 to around 400,000, the monthly rent was determined and paid as KRW 400,000. However, around October 2019, the time when the Plaintiff filed the instant lawsuit, the Defendant did not have to pay KRW 1.5 million.

After the filing of the instant lawsuit, the Defendant paid 1.5 million won in arrears to the Plaintiff. The Defendant also paid the rent by March 15, 2020.

The Defendant, on the ground of the instant land, installed a warehouse of 118.9 square meters in the part (B) of the warehouse connected each point of (a) part office of the attached Table 12, 11, 16, 13, 12, 2, 9, 10, 11, 12, 13, 14, 15, 8, 9, 12, and 118.9 square meters in order to connect each point of (b) the same appraisal map to the (a) part office of the instant land, which connects each point of (b) the attached Table 12, 11, 16, 13, 12, 12, 13, 14, 15, 14, 7, and 12 (c) of the instant land (hereinafter collectively referred to as the “instant building”). The Defendant, in turn, uses each part of the instant land (hereinafter referred to as the “number of the instant land”).

[Grounds for recognition] Fact-finding, Gap evidence Nos. 1 through 7, the result of a request for surveying and appraisal to this court C, and the purport of the whole pleadings, but the above fact-finding is revealed that the lease contract between the plaintiff and the defendant concerning the land of this case is a lease agreement without a period of time. On the premise that the plaintiff completed the lease contract, the plaintiff filed the lawsuit of this case seeking removal of the building of this case and delivery of the part of the land of this case against the defendant.

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