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(영문) 수원지방법원안산지원 2019.10.16 2019가단57872
토지인도
Text

1. Defendant B Co., Ltd.: (a) indicated in the attached Form No. 1, 2, 3, 4, 5, and 1 among the land size 2,561 square meters of E miscellaneous land in Silung-si.

Reasons

On January 18, 2019, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with respect to the real estate listed in the order of Paragraph (1) (hereinafter “instant land”) by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 24 million, and the lease term of KRW 100,000 from February 1, 2019 to September 30, 2019 (hereinafter “instant lease contract”). The Plaintiff may terminate the instant lease contract if the Defendant Company fails to pay the rent at least twice due to the special agreement at the time. The Defendant Company, a representative director of the Defendant Company, paid the Plaintiff the above joint and several liability to the Plaintiff; the Defendant Company did not occupy the obligation of the Plaintiff; and the Plaintiff’s delivery of the instant land from the Plaintiff; or the Plaintiff’s submission of the dispute between the parties to the instant lease and the Plaintiff’s submission of the entire allegation that the dispute between the two parties to the instant land was nonexistent.

In addition, it is reasonable to view that the instant lease contract was terminated on May 17, 2019, since the Plaintiff’s duplicate of complaint containing the effect that the instant lease contract was terminated on the grounds of the delinquency in rent is apparent in the record.

Therefore, the Defendant Company delivered the instant land to the Plaintiff jointly and severally, and the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 14,60,000 and damages for delay at each rate of 12% per annum from March 31, 2019 to May 17, 2019, which is the day following the due date for payment, to May 25, 2019, which is the day of delivery of a copy of the complaint, to April 25, 2019, respectively under the Civil Act; and 5% per annum from the following day to May 31, 2019 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and from the next day to the day of full payment.

The plaintiff shall pay 15% interest per annum from June 1, 2019 to the date of full payment.

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