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(영문) 광주지방법원 2018.12.04 2018가단511800
토지인도
Text

1. The defendant

A. The Plaintiff removed the plastic houses above 271m2 and 1289m2 in Nam-gu, Nam-gu, Gwangju.

Reasons

1. Basic facts

A. On February 20, 2014, the Plaintiff sold 25 million won a vinyl house (including an area of 4,000 square meters and accessories; hereinafter “the instant vinyl”) on the ground of 1289 square meters in Nam-gu, Nam-gu, Gwangju (hereinafter “instant land”) to the Defendant on February 20, 201, and around that time, two million won per annum of the instant land.

3. The lease contract was concluded between April 1, 2014 and March 31, 2018 (the lessor may terminate the contract if the lessee has failed to pay the rent on at least two occasions). (b) The Defendant did not pay two million won for the rent from April 1, 2014 to March 31, 2015, and then paid two million won for the rent from March 31, 2015 to March 31, 2015, and the Plaintiff did not receive the rent from the second rent (the rent from April 1, 2015 to March 31, 2016 to the first rent from March 31, 2016 to the second rent from March 31, 2018 to the first rent from March 31, 2016 to the first rent from March 31, 2016 to the first rent from March 31, 2016 to the first rent from March 31, 2016 to the first rent.

2. Determination as to the cause of action

A. Inasmuch as the instant lease agreement was lawfully terminated on the grounds of the Defendant’s delinquency in payment of rent, barring any special circumstance, the Defendant is obligated to remove the instant vinyl and deliver the instant land to the Plaintiff, and pay the Plaintiff the amount of unjust enrichment equivalent to the rent or rent, calculated by the ratio of two million won per annum from April 1, 2015 to the completion date of delivery of the said land.

B. The defendant asserts to the following purport:

- The Defendant purchased a vinyl in order to cultivate special purpose crops in the instant vinyl house and leased the instant land - The Plaintiff is entitled to change the name of the farmland ledger, tax-free oil, or Onnuri registrants necessary for the cultivation of special purpose crops.

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