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Reasons
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(영문) 대구지방법원포항지원 2016.10.06 2016가합10723
토지인도
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1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 40,967,741 Won and as regards this.

Reasons

1. Facts of recognition;

A. On December 7, 2012, the Plaintiff entered into a lease agreement, etc. with the Plaintiff and the Defendant (1) as B (AC representative director B), but it appears to be merely a trade name used by B.

between the Plaintiff and each real estate listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “instant real estate”).

(2) On January 25, 2013, the Plaintiff entered into an agreement on consignment operation with the Plaintiff (including value-added tax), the lessee, the lessee, the rent of KRW 120,00,00 per annum (including value-added tax), the lease deposit of KRW 30,00,00 (including value-added tax), and the contract term of the lease deposit of KRW 30,00,000. (2) On January 25, 2013, the Plaintiff paid the Plaintiff, the lessee, the lessee, and the lessor, the lease period of KRW 5 years from February 1, 2013 to January 31, 2018, the lease period of KRW 120,00,00 (including value-added tax), and the lease deposit of KRW 30,00,00 (including value-added tax), and the lease period of KRW 2 months from the date of entering into the lease agreement with the Plaintiff to the end of each quarter (213,201).

3) B established the Defendant, a stock company on May 16, 2013, and the Plaintiff and B agreed to change the lessee under the instant lease agreement to the Defendant on May 30, 2013. (4) On March 27, 2015, the Defendant sent to the Plaintiff a letter of public notice demanding the Plaintiff to change the rent under the instant lease agreement to be paid monthly and to be paid on the 15th day of each month. The Plaintiff and the Defendant agreed to revise the instant lease agreement on April 28, 2015, on the condition that the lease was terminated at the time of unpaid payment for at least three months.

B. The Defendant did not pay the Plaintiff the unpaid rent and the Plaintiff’s termination notice, as the instant lease agreement was concluded on May 2014, 11., January 2015, and March 2016.

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