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(영문) 춘천지방법원강릉지원 2017.07.25 2017가합30135
토지인도
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. On September 5, 2013, the Plaintiff leased each of the land and buildings (hereinafter collectively referred to as “instant real estate”) indicated in the separate sheet to Defendant Green C&C (hereinafter “Defendant Green C&C”) by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 3 million, and the lease period from September 5, 2013 to October 30, 2023 (hereinafter “instant lease agreement”). The Plaintiff handed over the instant real estate to Defendant Green C&C.

B. However, Defendant Green C&C did not pay the rent properly, and on April 3, 2015, the Plaintiff notified Defendant Green C&C of the termination of the instant lease agreement on the ground of the rent-free delay.

C. Accordingly, on June 12, 2015, Defendant Green C&C sent to the Plaintiff a letter of performance to determine whether to purchase the instant real estate by September 30, 2015 under the name of Defendant Green C&C Co., Ltd. (hereinafter “Defendant Green C&C”). The Plaintiff consented thereto.

However, even thereafter, the Defendants did not pay the Plaintiff the rent properly. Since November 2015, the Plaintiff was in arrears with the rent of KRW 12 million for six months. On April 20, 2016, the Plaintiff notified the Defendants of the termination of the instant lease agreement on the grounds of the rent delay.

E. On September 20, 2016, the Defendant Liber, Inc, prepared and delivered a written confirmation to the Plaintiff that “I will deliver the leased land and buildings without any objection,” to the effect that “I will pay, at latest, the fast rent within two months, and if I will not comply with the promise, I will deliver the leased land and buildings.”

(B) The Defendants did not pay the Plaintiff the instant real estate rent thereafter. (f) However, the Defendants did not pay the Plaintiff the instant real estate rent thereafter.

【No dispute over the ground for recognition】 and entry of Gap evidence 1 and 2 in Gap evidence 3-1 through 4, Gap evidence 4 and 5, respectively.

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