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(영문) 수원지방법원 2018.06.27 2017가단34338
가설건축물 명도.철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

(a)payment of 23,916,240 won;

B. From April 1, 2018, Suwon-si C Miscellaneous land in Suwon-si.

Reasons

1. Facts of recognition;

A. On May 1, 2013, the Plaintiff leased the lease deposit amount of KRW 30 million, monthly rent of KRW 270,000 (excluding value-added tax) to the Defendant (hereinafter “instant contract”), and the Defendant occupied and used the instant land and temporary buildings by explicitly renewed the said contract even after the expiration of the said contract period, and the Defendant occupied and used the instant land and temporary buildings by occupying and using the instant land.

B. The Defendant installs and uses approximately 14 square meters of temporary buildings (B) part of the attached Form No. 5,6, 7, 8, and 5 in sequence with each point indicated in the attached Form No. 5, 7, 8, and 9 on the instant land and approximately 18 square meters of temporary buildings in the part (C) connected each point of the attached Form No. 9, 10, 11, 12, and 9. From September 2017 to March 2018, the Defendant did not pay to the Plaintiff the aggregate of 18,90 million won of monthly rent (=2.7 million won x 7 months), value-added tax for 15 months from January 2017 to March 2018 (=2.7 million won x 15 months), 96,240 million won of road access to the vehicle, and 96,240 million won of road occupation fees for each road.

C. On September 4, 2017, the Plaintiff requested the Defendant to leave the instant land on the grounds of unpaid fees, etc., and the duplicate of the instant complaint containing an expression of intent to terminate the instant contract was served on the Defendant on November 9, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, since the contract of this case was lawfully terminated on November 9, 2017, the Defendant paid 23,916,240 won to the Plaintiff (i.e., KRW 18.9 million, KRW 966,240,00) and KRW 2970,000 per month from April 1, 2018 to the delivery date of the land of this case.

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