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(영문) 수원지방법원 2018.10.31 2018가합16655
토지인도
Text

1. Defendant B Co., Ltd.:

A. List Nos. 21, 22.22 of the table No. 1 on the ground of the land listed in the annexed list No. 1.

Reasons

1. Basic facts

A. The Plaintiff: (a) successively connected each of the real estate listed in the separate sheet and the items listed in the separate sheet Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1 with the order of priority indicated in the separate sheet No. 1, 245.05m2; and (b) successively connected each of the items listed in the same map No. 9,10, 11, 12, and 9; and (c) successively connected the two-story unauthorized buildings with the two-storyless building; and (c) successively connected each of the items listed in the separate sheet No. 13,14, 15, 16, and 13 with the non-authorized building No. 121.76m2, the same map No. 17,18, 19, 200, and 1700m2 (hereinafter referred to as “the above real estate leased to the Defendant”) and each of the above real estate leased to the Defendant on 107.

B. Article 1 of the instant lease agreement provides that “The lease deposit KRW 50 million shall be paid either the down payment of KRW 5 million at the time of the contract, the intermediate payment of KRW 20 million on January 4, 2018, and the remainder of KRW 25 million on January 31, 2018,” and Article 7 of the instant lease agreement provides that “If the lessee or lessee fails to perform the contractual terms, the lessee may demand written notice and rescind the contract.” Furthermore, the contractual party may respectively claim damages against the other party, and the contractual party shall be deemed as the basis for compensation for the down payment, unless otherwise agreed.”

C. Defendant B paid only KRW 30 million out of the lease deposit to the Plaintiff on December 27, 2017, KRW 5 million, KRW 20 million on January 4, 2018, and KRW 5 million on February 26, 2018.

Defendant B shall be unpaid to the Plaintiff on March 23, 2018 and April 17, 2018.

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