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(영문) 의정부지방법원 2020.07.17 2020가합50119
토지인도
Text

Defendant B Co., Ltd. shall deliver to the Plaintiff each real estate listed in the attached Table 1, and each listed in the attached Table 2.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the real estate sale and lease business.

Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in manufacturing and selling recyclable products, and Defendant C is a representative as an internal director of the Defendant Company.

B. On November 28, 2014, the Plaintiff leased each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) to the Defendant Company at KRW 1,700,000 for the rental period from December 1, 2014 to November 30, 2016, and KRW 1,700 for the lease deposit, KRW 10,000 for the lease deposit, and KRW 10,000 for the lease deposit (hereinafter “instant lease”). At that time, the Plaintiff received from the Defendant Company the lease deposit amount of KRW 10,00,000 from the Defendant Company, and handed over the instant real estate to the Defendant Company.

C. Since November 30, 2016, the term of lease of this case expired, the lease agreement of this case continues to be a non-fixed-term lease agreement through implied renewal after the expiry of the term of lease. The Defendant Company did not pay the Plaintiff the rent under the instant lease agreement since September 1, 2019.

Accordingly, on January 6, 2020, the Plaintiff submitted the instant complaint containing an expression of intent to terminate the instant lease agreement on the grounds of the delinquency in rent for at least three (3) days in arrears, and on January 17, 2020, a duplicate of the complaint was served on the Defendant Company.

As of the date of closing argument of the instant case, each of the movables listed in the separate sheet No. 2 attached to the Defendant Company’s ownership (hereinafter “instant movables”) is recorded.

[Basis] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 and 2 (including each number), the purpose of the whole pleadings

2. Part concerning the claim against the defendant company

A. According to the above facts, the instant lease agreement was lawfully terminated on January 17, 2020 by the Defendant Company’s delinquency in rent and exercising the Plaintiff’s right to terminate the lease contract. 2) On the other hand, the lease agreement is terminated.

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