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(영문) 수원지방법원 성남지원 2018.11.23 2017가합409727
토지인도
Text

1. The defendant,

A. Of the No. 1 land listed in the separate sheet No. 1, attached drawings 1, 2, 3, 4.

Reasons

1. Basic facts

A. The Plaintiffs, as married couple, are the Plaintiffs: (a) indicated in the separate sheet No. 1; (b) indicated in the separate sheet No. 2; (c) indicated in the separate sheet No. 1; (d) indicated in the separate sheet No. 3; (c) 4; (e); (g) 5; (g) 7; and (g) indicated in the separate sheet No. 2 through 9; and (b) indicated in the separate sheet No. 10 and 11; and (c) indicated in the separate sheet No. 10

(hereinafter referred to as the “each land of this case” is added to all the above lands owned by the Plaintiffs, and when the individual land is specified, only the same shall apply below).

On February 6, 2014, the Plaintiffs concluded a lease agreement (hereinafter “the instant lease agreement”) with the Defendant with regard to each of the instant land as KRW 50 million, monthly rent of KRW 4 million (in addition, payment after the first day of each month), and the term of lease from February 1, 2014 to February 1, 2019 (60 months). Article 3 of the instant lease agreement provides that “The lessee shall not change or sublease the use or structure of the said real estate without the consent of the lessor, transfer the right of lease or offer the security, or use it for any purpose other than the purpose of lease.” Article 4 provides that “If the lessee delays the payment of rent more than twice, or violates the provisions of Article 3, the lessor may terminate the said agreement.”

On the other hand, Article 1(1) of the instant lease agreement (hereinafter “the instant special agreement”) provides that “a lessee shall use the said real estate for the purpose of permission for the piling-out site (the permitted area) in the course of lease of the said real estate, and a lessee shall be held liable for all the cases where the lessee was at a disadvantage to the lessor by using it for other purposes.”

C. According to the instant lease agreement, the Plaintiffs delivered each of the instant land to the Defendant on February 1, 2014, and thereafter, the Defendant occupied each of the instant land, while carrying out container warehouse business on the ground.

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