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(영문) 의정부지방법원 2016.04.08 2015가합54278
토지인도
Text

1. The defendant shall be the plaintiff.

(a) deliver immovable property listed in the Schedule 1 and movable property listed in the Schedule 2;

(b) 58.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs the comprehensive motor vehicle maintenance business under the trade name of “C”.

B. On July 15, 2014, the Plaintiff entered into a lease agreement with the Defendant on the instant real estate owned by the Plaintiff (hereinafter “instant lease agreement”). The key contents are as follows.

-H - Deposit: 70 million won (a contract deposit of KRW 7 million shall be paid in the intermediate payment of KRW 43 million on July 15, 2014; and a balance of KRW 20 million on August 14, 2014) on the rent of KRW 5 million on the 15th day of each month.

Duration: If the overdue interest of the lessee under Article 4 (Termination of Contracts) from July 15, 2014 to July 14, 2017 falls short of the amount of two rents, the lessor may terminate the present contract without delay.

Special contract terms: 1) Special contract terms and conditions for the authorization of Class 1 maintenance plant and construction sections (the movable of this case) being used are owned by a lessor, so thorough management shall be made and the contract term shall be restored to its original state and returned.

C. The Defendant did not pay KRW 600,000 and the electricity and TV license fees of KRW 1,947,980 out of the monthly rent to be paid by December 15, 2014 after the conclusion of the instant lease agreement, and thereafter, did not pay the monthly rent until the date of closing argument.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including virtual number), the purport of the whole pleadings

2. Determination:

A. Since the Defendant’s assertion as to the cause of the Plaintiff’s claim did not pay more than two vehicles, the Plaintiff had the right to terminate the instant lease agreement under Article 4 of the instant lease agreement. Therefore, the Plaintiff expressed his/her intention to terminate the instant lease agreement by serving the duplicate of the complaint in

Therefore, the Defendant shall deliver the instant movable as indicated in the terms and conditions of the instant real estate and the instant special agreement due to the termination of the instant lease agreement, and shall pay the unpaid rent and electricity fees, and the total amount of TV license fees to KRW 2,547,980, as from December 15, 2014.

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