(영문) 수원지방법원 2020.12.24 2020가단8803

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(영문) 수원지방법원 2020.12.24 2020가단8803

토지인도 등

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The Defendant, as the Plaintiff

A. Of the area of 3,152 square meters prior to Da Sung-si, the attached appraisal maps are indicated 5,6, 7, 8, and 5.

Reasons

1. Facts of recognition;

A. On May 7, 2014, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of approximately KRW 1,197 square meters (hereinafter “instant leased land”) out of KRW 3,152 square meters, which was owned by the Plaintiff, from May 7, 2014 to May 29, 2015, with the lease deposit amount of KRW 5,000,000, monthly rent of KRW 700,000, monthly rent of KRW 700,00, and period of lease from May 30, 2014 to May 29, 2015.

B. According to the instant lease agreement, the Defendant began to possess and use the leased land from the Plaintiff, and during that process, the appraisal of the leased land of this case, attached Table 5, 6, 7, 8, 8, and 5 are connected in sequence, and the provisional building on the part of the workplace (hereinafter “the provisional building of this case”) was constructed, and installed a container for office use (hereinafter “the instant container”) was successively connected to each of the items 1, 2, 3, 4, and 1.

C. After the instant lease agreement was repeatedly renewed, the Defendant did not pay the Plaintiff the sum of KRW 29,400,000, out of the rent from May 30, 2014 to October 29, 2020.

Accordingly, the Plaintiff, via the instant complaint, expressed an intention to terminate the instant lease agreement on the ground that the Defendant was in arrears with the lapse of at least two months (hereinafter “instant intention to terminate the instant lease agreement”), and the duplicate of the instant complaint containing the indication of intention to terminate the contract reached the Defendant on May 21, 2020.

E. As of the date of the closing of argument of this case, the Defendant occupies and uses the leased land of this case. The accurate area of the leased land of this case is 1,174 square meters in sequence connected each point of the attached Table 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, and 26.

[Ground of recognition] There is no dispute, Gap 1, 2, 3, and Eul.

유사 판례

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