logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.05.01 2017가합30593
토지인도
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 18, 2016, the Defendant and B (hereinafter “Defendant, etc.”) concluded the instant lease agreement and leased real estate indicated in the separate sheet from the Plaintiff (hereinafter “instant real estate”) for a lease deposit of KRW 100,000,000, monthly rent of KRW 14,500,000, and the lease term of KRW 6 years from May 18, 2016, for the purpose of operating incidental facilities, such as restaurants, lodging houses, etc. necessary for the new construction of C, which was scheduled to start in the vicinity.

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

[Matters of Special Agreement]

3. The initial date of the monthly rent shall accrue from August 20, 2016.

4. The unpaid rent shall be terminated at least three times;

5. A lessor shall furnish lessee with all documents necessary for the lessor's business and permission;

(Documents, such as Land Use Report, etc.). 8. Waste disposal expenses shall be borne by lessee.

B. As the Defendant et al. failed to pay the Plaintiff rent and the Plaintiff’s termination notice, etc. on August 2016, September 2016, December 2016, March 2017, and KRW 62,50,000, out of the rent for March 2016, and the rent for November 2016, the Plaintiff did not pay KRW 4,50,000 to the Plaintiff. On March 23, 2017, the Plaintiff sent to the Defendant a certificate that the instant lease contract was terminated pursuant to paragraph 4 of the instant lease agreement. Meanwhile, the Defendant intended to pay the Plaintiff’s unpaid rent with the Plaintiff’s account on two occasions on March 23, 2017 and December 24, 2017, the Plaintiff deposited KRW 70,000 as the Plaintiff’s account on March 23, 2017, and did not pay the Plaintiff’s remaining deposit as the Plaintiff’s account for 205,2017.

arrow