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(영문) 대구지방법원 2017.05.18 2016가단117008
토지인도
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim) indicated in the separate sheet No. 1, 2.2.

Reasons

1. As to the principal claim

A. Facts of recognition 1) The Plaintiff is the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).

(A) On June 2013, among the instant real estate, part (a) of the ship connected to Defendant B in sequence 1, 2, 5, 6, 11, and 1 of the attached drawings among the real estate in this case is 1,487.61 square meters (hereinafter referred to as “part (a) on board”).

[2] After the lease, Defendant B and the husband of the above vessel (a) installed the buildings and containers (hereinafter the instant building, etc.) on the ground specified in the attached Table 2 list, and possess the portion of the said vessel (a). After the lease, Defendant C and the husband of the above vessel installed the buildings and containers (hereinafter the instant building, etc.) in the attached Table 2 list, from July 1, 2013 to June 30, 2015.

On the other hand, around November 7, 2013, Defendant C agreed with the Plaintiff to remove the building and restore it to its original state on behalf of the Defendants when an administrative dispute arises due to the construction of the building, such as the above building.

3) On June 30, 2015, the contract was explicitly renewed after the termination of the above lease term, and around July 2015, the monthly rent was increased by KRW 1.7 million. (4) However, from April 2016, Defendant B did not pay the monthly rent to the Plaintiff from April 2016, and thus, Defendant B was in arrears for three months in June 2016.

Accordingly, on June 14, 2016, the Plaintiff sent to Defendant B a certificate that the lease contract is terminated on the grounds of monthly arrears, which reaches Defendant B around that time.

[Ground] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

B. 1) According to the above facts of recognition, the instant lease agreement was terminated due to the Defendant’s failure to pay monthly taxes on the part of the Defendant. Accordingly, the Defendants, as the occupants of the instant part of the instant part, have the obligation to remove the instant building, etc. located on the ground of the instant part (A) and deliver the said part of the instant building to the Plaintiff, and Defendant B, the lessee, has the obligation to deliver the said part (A). The Defendant B, the lessee, is from April 1, 2016 to December 31 of the same year.

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