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(영문) 의정부지방법원 2019.09.19 2019가단4021
건물철거 및 토지인도
Text

1. The defendant is against the plaintiffs:

A. Of the area of 254m2 in Namyang-si, E, each point is indicated in the attached Form 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. From March 30, 2016 to March 30, 2019, F entered into the instant lease agreement with the Defendant with the term of lease of KRW 4,00,000 per annum from March 30, 2016 to March 30, 2019.

F and the Defendant agreed to immediately terminate the lease agreement of this case in the event that the Defendant, the lessee, fails to pay the rent for at least two years under the above lease agreement, and the lessee agreed to restore the leased land of this case to its original state and return it.

B. On March 4, 2016, F completed the registration of ownership transfer for each of the leased land of this case on the grounds of donation.

C. The Defendant: (a) owned a household building 200 square meters for flowers cultivation in the instant leased land; (b) paid F the annual rent in 2016; (c) deposited KRW 2,000,000 to the Korean bank account of F from March 30, 2017 to September 29, 2017; and (d) did not pay the Plaintiffs who succeeded to F’s lessor status for KRW 5,884,931 [537/365 x 4,000,000] for 537 days from September 30, 2017 to March 30, 2019.

[Ground of recognition] Facts without dispute, Gap 1, 2, and Eul 5

2. The Defendant did not pay the rent for the second period under the instant lease agreement. For this reason, the fact that the preparatory document was served on May 28, 2019 on the Defendant on May 31, 2019 is evident.

Therefore, inasmuch as the instant lease contract was terminated by termination of the contract, the Defendant is obligated to restore the leased land to its original state and return it to its original state, and it is obvious that it is the date following the delivery of a copy of the instant complaint, including the rent claimed by the Plaintiffs, the amount of delayed payment by March 30, 2019, and the amount of delayed payment by March 30, 2019.

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