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(영문) 수원지방법원 안산지원 2018.08.09 2018가합6348
토지인도
Text

1. The defendant shall be the plaintiff.

(a) C large 770 square meters in light name;

B. Indication 1, 2, 3, 4. of the annexed drawings on the land stated in the above paragraph (a).

Reasons

1. Indication of claim (Plaintiff's assertion);

A. The Plaintiff is the owner of a container 15 square meters in the part indicated by the lower court on board (hereinafter “instant container”) connected each point of the indication 1, 2, 3, 4, 5, 6, 7, and 1 of the drawings on the ground of the said land and the above land, in sequence, in light of the name of light, the Plaintiff is the owner of 15 square meters in the part indicated by the lower court on board (hereinafter “instant container”).

B. On April 1, 2013, the Plaintiff leased the instant land to the Plaintiff at KRW 12,00,000 per annum by March 30, 2014, but leased the said land to the Plaintiff by the so-called “deficial” method, which requires the Plaintiff to pay in advance the said car on the day of the contract.

C. The Plaintiff and the Defendant renewed the above lease agreement on the instant land and renewed the re-lease agreement by setting the lease term on March 30, 2016 until March 30, 2017.

On May 18, 2017, the Plaintiff sent a notice to the Defendant that the lease contract for the instant land would be terminated, and the said notice was delivered to the Defendant on the 22th of the same month.

E. Nevertheless, the Defendant has been using and making profits from the instant land and containers until now without returning them.

F. Therefore, the Defendant, who is the possessor of the instant land and container, is obligated to deliver the instant land and container to the Plaintiff, who is the owner of the instant land and container, and is obligated to pay the amount calculated at the rate of KRW 12,000,000 per annum from the date of completion of the delivery of the instant land as unjust enrichment equivalent to the rent.

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the judgment based on the recommendation of confession.

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