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(영문) 수원지방법원 안산지원 2018.10.24 2015가단24003 (1)
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 30,260,000 from the Plaintiff, and at the same time, the attached Form C shall be one of the 890 square meters in Si-si.

Reasons

1. Basic facts

A. On November 13, 2004, the Plaintiff leased the instant land to the Defendant by setting the lease deposit of KRW 1.5 million, annual rent of KRW 1.5 million, and the lease term as one year from November 23, 2004, and the said lease term has been renewed continuously.

On November 23, 2007, the Plaintiff leased the instant land to D, who is the Defendant’s wife, KRW 1.5 million, annual rent of KRW 1.8 million, and the term of lease from November 23, 2007. The Plaintiff was renewed on November 23, 2008.

However, D died in around 2009, and on June 4, 2009, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 1.5 million, annual rent of KRW 1.8 million, and the lease term of the instant land until November 22, 2009.

(hereinafter “instant lease agreement”). B.

In around 2004, the Defendant filled up approximately 2.5 meters of the instant land on the instant land, and installed the instant facilities on the instant land.

C. On July 30, 2009, the Plaintiff notified the Defendant of the refusal to renew the instant lease contract, which reaches the Defendant at that time.

However, on November 26, 2009, the Plaintiff received 3 million won from the Defendant as the rent in 2009, and on November 22, 2010, received 2.5 million won as the rent in 2010, and returned it to the Defendant on November 29, 2010.

On the other hand, on March 23, 2010, and December 22, 2010, the Plaintiff terminated the instant lease agreement by each of the above notification of rejection of renewal, and thus, notified the Defendant of removal of the instant facilities and delivery of the instant land, and each of the above notification reached the Defendant.

The sum of net rent in the absence of a deposit from January 1, 201 to December 31, 2016, based on the condition before the land is filled up, is KRW 63,959,405, and the monthly rent in 2016 is KRW 628,800.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1, 2, and 14 (including provisional number).

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