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(영문) 춘천지방법원 2016.09.06 2016가단1789
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver 149,304 square meters of land for the stock farm in the Hongcheon-gun Hongcheon-gun of Gangwon;

B. 1.6 million won and March 2, 2016

Reasons

1. Facts of recognition;

A. On January 30, 2006, the Plaintiff leased the land indicated in the order (hereinafter “instant land”) to the Defendant as the rent of KRW 10 million (in the event of a contract with a down payment of KRW 2 million, the remainder of KRW 8 million is the down payment) (on January 10, 2007, each payment of KRW 2 million) (on January 10, 2007), and the period from January 30, 2006 to December 30, 2010, and on the same day, delivered the instant land to the Defendant on the same day.

B. After March 2, 2011, the Plaintiff and the Defendant: (a) annual rent for the instant land is KRW 2.4 million;

3.2. Prior payment, and the period of time until March 2, 2015, the lessor may immediately terminate the lease agreement (hereinafter “instant lease agreement”) with the purport that the lessor may immediately terminate the lease agreement when the lessee has continuously failed to pay rent on at least two occasions.

The Defendant’s assertion that there was no agreement to increase the rent by KRW 2.4 million is rejected). C. However, the Defendant, on March 2, 2011, paid the rent of KRW 2.4 million to March 1, 2016 (in advance payment, the rent of KRW 2,60,000 per annum from March 2, 2016 to March 1, 2016 (in advance payment, until March 1, 2016), did not pay the rent of KRW 1,40,000 per annum until March 1, 2016 (=40,000 won x 4 years). Accordingly, the Plaintiff notified the Defendant of the termination of the instant lease agreement on February 2, 2016.

2. According to the facts of the determination as to the cause of the claim, the Defendant continued to pay the rent more than twice (not only the lease of this case has expired on March 2, 2015), and the Plaintiff notified the Defendant of the termination of the instant lease agreement on February 2016, and the instant lease agreement was lawfully terminated.

Therefore, the Defendant transferred the instant land to the Plaintiff, and calculated by the rate of KRW 1.6 million per annum from March 2, 2016 to March 1, 2016 and KRW 2.4 million per annum from March 2, 2016 to the delivery date of the said land.

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