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(영문) 수원지방법원안양지원 2016.01.07 2015가단101656
토지인도
Text

1. The Defendants jointly do so to the Plaintiff:

(a) the delivery of land listed in the separate sheet;

B. The above A.

land described in paragraph (1);

Reasons

1. Facts of recognition;

A. From January 1, 2009 to December 31, 2009, the Plaintiff, the owner of the land indicated in the separate sheet, renewed the lease agreement by setting the lease term of the instant land between Defendant A and Defendant A as KRW 13,895,040 on a yearly basis after concluding the lease agreement (hereinafter “instant lease agreement”) at KRW 13,89,040 on a yearly basis. On December 22, 2011, the lease agreement was renewed by setting the lease term from January 1, 201 to December 31, 201 as KRW 14,642,00 on a yearly basis.

B. According to Article 11 subparagraph 2 of the lease contract of this case, a lessor may terminate the lease contract at any time when a lessee subleases or transfers his/her right to the leased property. According to Article 14 of the lease contract of this case, where the lease period expires or the contract is terminated, the lessee shall return the leased property to its original state.

C. On January 1, 2011, Defendant B entered into a sub-lease contract with Defendant A without the Plaintiff’s consent, and occupied the said land, and runs a disposal business of solid scrap recyclables, etc. with installing two container boxes on the said land.

On November 25, 201, the Plaintiff notified Defendant A of the termination of the instant lease agreement as of December 31, 201, based on the prohibition of sub-lease under Article 11 subparag. 2 of the instant lease agreement.

E. According to the Plaintiff’s asset management regulations, the annual rent for the instant land divided into storages is applied at the rate of 50/1,000 to the asset value calculated on the basis of the publicly assessed individual land price, and KRW 18,453,150 as of the year 2012 (i.e., the publicly assessed individual land price of the instant land x 369,063,000 x 50/1,000).

F. According to the Plaintiff’s asset management regulations, the indemnity for illegal occupation is set at 120% of the rent. In accordance with the above provisions, the indemnity for the instant land is annually fixed from January 1, 2012.

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