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(영문) 대전지방법원천안지원 2016.09.07 2015가단113138
토지인도
Text

1. The Plaintiff:

A. The Defendants jointly deliver the real estate listed in the separate sheet;

B. Defendant B shall be 7,500.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

Defendant B is the owner of the maternity adjacent to the real property of this case, and is operating the telecom with Defendant C.

B. In around 2006, Defendant B entered into a lease agreement with the Plaintiff on the instant real estate amounting to KRW 1.8 million per annum (hereinafter “instant lease agreement”).

C. Defendant B paid each of the Plaintiff the Plaintiff KRW 1.8 million in 2006 and 2007, KRW 1.7 million in 2008, KRW 1.5 million in 2009 and 2010, KRW 1.2 million in 2011, and KRW 1 million in 2012.

On November 5, 2015, the Plaintiff notified Defendant B of the termination of the lease agreement on the grounds of the delinquency of rent for at least three years, and around that time, the above notification was delivered to Defendant B.

E. The Defendants used the instant real estate as a Moel parking lot until the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the fact of recognition of the claim for the delivery of real estate, it is reasonable to view that the instant lease contract was terminated at the latest by the Plaintiff’s declaration of termination due to the delay of rent and at the latest around December 2015.

Therefore, Defendant B is a lessee, and Defendant C is obligated to deliver the instant real estate to the Plaintiff, who is a lessor and the owner as an illegal occupant.

B. According to the above facts of recognition, Defendant B’s unpaid rent of KRW 7.5 million for the year when the instant lease contract was terminated (i.e., KRW 100,000 in 208 and KRW 300,01 in 2013, KRW 800,000 in 2010 in 2011 and KRW 300,000 in 2010 in 2013, KRW 2014, and KRW 1.8 million in 2015, respectively, and the last rent for each of the years in 2015.

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