(영문) 대전지방법원 2018.09.20 2018나100111

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(영문) 대전지방법원 2018.09.20 2018나100111

토지인도

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1. Of the judgment of the court of first instance, the following amount among the monetary payment portion against the defendant exceeds the amount ordered to be paid.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 992m2 (hereinafter “instant forest”).

(see Evidence A 1). (b)

On May 1, 2009, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Defendant and the co-defendant C on May 1, 2009, with the Plaintiff’s annual rent of KRW 600,000 (payment period in advance: May 30 each year) and the lease period as of April 30, 201. The Defendant entered into a real estate lease agreement with the Defendant to restore structures, etc. on the ground at the time of termination of the lease to its original state (hereinafter “instant lease agreement”). Co-Defendant C of the first instance trial jointly and severally guaranteed the Defendant’s obligation under the instant lease agreement.

(See Evidence A 2) Each description of evidence A 1 and 2 (if there are more than one number, the number shall be included; hereinafter the same shall apply) and the purport of the whole pleadings, based on recognition.

2. Determination

A. In light of the above basic facts, Gap evidence Nos. 6, Eul evidence Nos. 1 and 5, and the clear facts in the records and the purport of the entire pleadings, the lease contract of this case was renewed, and terminated on December 12, 2016, by the termination of the lease contract of this case due to the delayed payment of at least two rents by the defendant who is the lessee on December 12, 2016. Thus, the defendant is obligated to remove each unit, warehouse, container, and cargo stated in the purport of the claim of this case owned by the defendant on the forest of this case to the plaintiff, the lessor, as the lessor, and collect the objects attached to the forest of this case and deliver the forest of this case.

This part of the claim is accepted by the plaintiff.

① The Defendant paid to the Plaintiff the rent from May 1, 2009 to April 30, 2010 after the instant lease agreement (see subparagraph 1) and later paid the rent from May 1, 201 to April 30, 2012.

(A) evidence 6. (2) The Defendant’s annual rent of KRW 600,000 from May 1, 2010 to April 30, 201, as stipulated in the instant lease agreement.

유사 판례

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