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(영문) 대전지방법원 2018.10.18 2017나113936
토지인도
Text

1. The judgment of the court of first instance is modified as follows.

Defendant A shall pay to the Plaintiff KRW 16,199,765 as well as to the Plaintiff on November 2017.

Reasons

1. Basic facts

A. On February 2013, the Plaintiff entered into a lease agreement with Defendant A (mutual name: D) and the Plaintiff, Seo-gu Daejeon Special Metropolitan City, Seo-gu, Daejeon Special Metropolitan City, with a size of 245 square meters from March 1, 2013 to February 28, 2016, with a rent of KRW 6,749,870 (including value-added tax) for the first year, and the rent after the second year determined the amount calculated in accordance with the Regulations on the Management of Railroad Property (hereinafter “instant lease agreement”), and transferred the land, which is the object of lease, to Defendant A.

B. According to the instant lease agreement, the lessee shall enter into a non-life insurance contract with the lessor as the beneficiary of the insurance proceeds, and submit the certificate to the lessor (Article 6). If the lessee violates the terms and conditions of the lease, the lessor may terminate or rescind the lease contract for all or part of the assets of the leased property after the lessee’s demand for performance (Article 11). The lessee shall return the lease to the lessee upon the expiration of the lease period or the termination or termination of the contract (Article 14). The lessee shall not install any facilities without prior consultation on the leased property without any prior consultation on the leased property (Article 14), and shall not change the original state of the leased property, and even if the cost incurred in relation to the use of the land or building, such as removal of existing facilities, is not possible to file any claim

(Article 18). (c)

Defendant A did not perform the obligation to deliver the guaranty insurance policy provided for in Article 6 of the above lease contract. On July 31, 2015, the Plaintiff sent a content-certified mail demanding that “The instant lease contract will be terminated as of August 30, 2015 on the ground that the Plaintiff failed to perform the obligation to deliver the said guaranty insurance policy despite the demand on several occasions,” and the content-certified mail is to Defendant A around that time.

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