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(영문) 부산지방법원 2015.04.01 2014가합17278
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the land size 304.8 square meters in Busan Dong-gu, Busan Metropolitan City, the number of pages 5, 6, 7, 8, and 5 are indicated in the annexed drawings.

Reasons

1. Determination on the cause of the claim

A. 1) On January 7, 2010, the Plaintiff and the Defendant owned 304.8m2 (hereinafter “instant land”) between the Plaintiff and the Defendant, the Plaintiff owned 304m2 (hereinafter “instant land”).

(2) Of the instant land, a lease agreement is concluded with the following terms: (a) the lease deposit amount of KRW 2,00,000, monthly rent of KRW 900,00, and the lease term of January 7, 2010 from January 7, 2010 to January 6, 2012 with respect to one on-ground container with the point of 18 square meters in sequence among the instant land; (b) the portion of the instant land connected with each point of the attached drawing of the attached Form 1,2,3,4, and 1 (hereinafter “instant lease agreement”).

(2) After entering into the instant lease agreement, the Defendant installed a water tank, tent, tent, or light pipe (6), etc. on board the instant land, which connects each point of the 5, 6, 7, 8, and 5 of the attached drawings among the instant land, and installed a water tank, tent, light pipe (6), etc. on board the instant land.

3) The instant lease agreement was explicitly renewed two times after the conclusion of the said initial contract. Since April 2014, the Defendant did not pay the rent from April 8, 2014, the Plaintiff sent a notice of termination of the instant lease agreement to the Defendant on December 18, 2014 without any separate notice of termination of the contract, and the said notice was served on the Defendant by content-certified mail. The said notice was served on the Defendant around that time. [In the absence of any dispute over the grounds for recognition, each of the items in subparagraphs 1 through 34, and the purport of the entire pleadings, as a whole, if the Plaintiff did not pay the rent in arrears to the Defendant.

B. According to the above facts of recognition, the instant lease agreement was lawfully terminated and terminated on December 18, 2014 by serving the Defendant a notice of termination on December 8, 2014, on the ground that the Defendant was in arrears for more than two months, on the grounds that the Defendant was in arrears.

Therefore, the defendant is identical to the ground container of 8.4 square meters in the ship connecting each point of the attached Form 5, 6, 7, 8, and 5 among the land of this case 1 to the plaintiff in sequence.

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