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(영문) 인천지방법원 부천지원 2018.06.14 2017가단15340
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the answers 1,847m2, Kimpo-si, Kimpo-si, the number of points in the annexed drawings 1, 2, 3, 4, and 1 are linked in sequence.

Reasons

1. Basic facts

A. On August 28, 2011, the Plaintiff: (a) leased the Defendant Kimpo-si Co., Ltd. 1,847m2 (hereinafter referred to as “instant land”); (b) the deposit amount of KRW 3,000,000; (c) monthly rent of KRW 200,000; and (d) the lease period of KRW 200,000 from August 28, 201 to December 31, 2013.

The Defendant, in turn, installed three vinyls (hereinafter “the instant vinyl”) on the ground level of the part on which the inside ship connecting each point of 5, 6, 7, 8, and 5 in sequence of the attached drawings 1, 2, 3, 4, and 1 in the instant land, was installed on the ground level of the part on which the inside ship connecting each point of 5, 6, 7, 8, and 5 in turn, in the annexed drawings, in the order of 9, 10, 11, 12, and 9.

B. On November 2015, the Plaintiff and the Defendant paid KRW 200,000 monthly rent to the Defendant, and the Defendant agreed to lease only the instant land (hereinafter “instant lease agreement”) and returned the instant land to the Plaintiff at Kim Jong-si.

C. The Defendant did not pay the Plaintiff the monthly rent from July 1, 2017, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on July 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, the purport of the whole pleadings

2. Determination as to the cause of claim and the Defendant’s assertion

A. According to the above facts finding as to the cause of claim, the instant lease agreement is implicitly renewed, and the Plaintiff may notify the termination pursuant to Article 635 of the Civil Act. Thus, the instant lease agreement becomes effective on January 20, 2018 after six months from the Plaintiff’s notice of termination.

(see Articles 639 and 635 of the Civil Act). Therefore, the Defendant is obligated to remove the instant vinyl house to the Plaintiff following the termination of the instant lease agreement, deliver the instant land to the Plaintiff, and pay rent or unjust enrichment calculated at the rate of KRW 200,000 per month from July 1, 2017 to the completion date of delivery of the instant land.

B. The defendant's judgment on the defendant's assertion is with merit.

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