logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.06.17 2014나12373
토지인도 등
Text

1. The judgment of the first instance is modified as follows, including the claim of the Plaintiff (Counterclaim Defendant) expanded at the trial.

Reasons

1. In the first instance court, the Plaintiff filed a claim for monetary payment, such as overdue rent, against the Defendant, along with a claim for land transfer, and the first instance court accepted each of the above claims.

The defendant appealed against the whole judgment of the court of first instance, but the plaintiff voluntarily withdrawn the claim for land transfer. Thus, the subject of the judgment of this court is limited to the claim for monetary payment.

2. Basic facts

A. On September 9, 2004, the Defendant: (a) leased the rent of KRW 1,90,000 per annum; (b) from September 9, 2004 to September 9, 201, the deposit money for the removal of the ground object was set at KRW 2,00,000; and (c) paid the Plaintiff KRW 2,00,000,000 per annum to the Plaintiff.

B. The Plaintiff and the Defendant agreed to raise the annual rent of KRW 2,000,000 on September 9, 2009.

C. On September 9, 201, when the term of lease expires, the Plaintiff and the Defendant extended the term of lease to September 9, 2013. The Defendant paid KRW 2,200,000 to the Plaintiff from September 9, 2011 to September 9, 2012, and the subsequent rent was not paid.

On August 10, 2013, the Defendant verbally notified the Plaintiff of the termination of the lease agreement, and on December 17, 2013, the Plaintiff sent to the Defendant a document certifying the content that the lease agreement will be terminated on the grounds of the Defendant’s delay of rent.

E. On February 6, 2015, the Defendant completed the removal of facilities on each of the instant land, and delivered each of the instant land to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-3, Eul evidence 4 (including additional number), the purport of the whole pleadings

3. Determination as to the claim on the principal lawsuit

A. The Defendant leased each of the instant lands from the Plaintiff, and the Plaintiff and the Defendant again agreed to KRW 2,00,000 as the annual rent on September 9, 2009, and the Defendant came to reach February 6, 2015.

arrow