(영문) 의정부지방법원 2020.05.08 2018가합52853

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(영문) 의정부지방법원 2020.05.08 2018가합52853

토지인도

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1. The defendant from 10,00,000 won to 10,000 won to 26, 2020 to 3, and the removal of each of the items listed in the separate sheet 1.

Reasons

1. Basic facts

A. On March 25, 2016, the Plaintiff, as the owner of each land listed in the separate sheet No. 1 (hereinafter “each of the instant lands”), entered into a lease agreement with the Defendant with the term of lease from March 25, 2016 to March 25, 2019 with respect to each of the instant lands (hereinafter “instant lease agreement”).

B. The Defendant occupies each of the instant land from March 25, 2016 to the date of closing the argument in the instant case.

C. The Defendant, using each of the instant land, installs and uses the items listed in the separate sheet Nos. 3 on the ground (hereinafter “each of the instant structures”).

At the time of entering into the instant lease agreement, the Defendant paid KRW 5,00,000 to the Plaintiff as the deposit for lease of each of the instant land, and paid KRW 5,00,000 as the deposit for rent from March 25, 2016 to March 25, 2019, and from March 26, 2019 to March 25, 2020, the Defendant paid KRW 5,000,000 as the deposit for rent from March 26, 2020 to March 25, 2021.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 15, Eul evidence No. 8 (including a Serial number), the purport of the whole pleadings

2. Determination as to the cause of action

A. Upon the termination of the instant lease agreement, the instant lease agreement is deemed to have expired on March 25, 2019 when the lease term stipulated in the instant lease agreement expires.

Therefore, barring special circumstances, the Defendant is obligated to deliver each of the instant land to the Plaintiff and remove each of the instant structures as restitution.

B. As to the defendant's simultaneous performance defense, the defendant asserted that the defendant's prior payment fees and the obligation to return lease deposit for each of the lands of this case, and the delivery of each of the lands of this case and the obligation to remove each of the structures of this case are in simultaneous performance relations

A lease contract is concluded unless there are special circumstances.

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