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(영문) 창원지방법원마산지원 2017.11.29 2017가단1120
토지인도
Text

1. The defendant shall be the plaintiff.

A. The annexed drawings indication 1 and 2.2 in 200 cubic metres and D 1,160 cubic metres and 1,160 cubic metres in Changwon-si, Changwon-si.

Reasons

1. Facts of recognition;

A. The defendant, on October 19, 2009, ordered from the plaintiff 1-A.

The vinyls entered in the port (hereinafter referred to as “the vinyls of this case”) were determined from October 25, 2009 to October 24, 2012 as KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

(hereinafter referred to as “instant sublease contract”). (b)

The instant sub-lease contract was implicitly renewed on October 25, 2012, and the Plaintiff agreed to increase the rent from July 1, 2014 to KRW 550,000 as the monthly rent between the Defendant and the Defendant around July 2014.

C. From December 1, 2013 to June 30, 2014, the Defendant served a total of 3.5 million won (5 million won x 7 months x 500,000 won) in total, 7.15 million won (50,000 won x 13 months x 13 months) in the 13th month rent from July 1, 2015 to July 31, 2016; from August 1, 2016 to February 28, 2017, the Defendant served a written complaint of at least 1,450,000 won in total (550,000 won x 557 months x 7,000 won in arrears) in the 27th month rent in total; and the Plaintiff’s written complaint of at least 4.755,000 won in arrears on the grounds of the termination of the 27th month period.

The Defendant occupies and uses the instant vinyl house even after April 4, 2017, and is ratified as the monthly rent of the instant vinyl house as KRW 50,000 per month after April 4, 2017.

E. On July 27, 2016, the Plaintiff issued a certificate of content demanding payment to the Defendant by August 24, 2016, as the Defendant delayed payment of the monthly rent of KRW 10650,000.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 6, and the purport of whole pleadings

2. According to the above facts, the plaintiff terminated the sub-lease contract of this case due to the delay in rent of not less than two years by serving a duplicate of the complaint of this case. Thus, the sub-lessee is obligated to deliver the instant vinyl to the plaintiff, the sub-lessee.

3. On the claim of overdue rent and unjust enrichment.

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