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(영문) 전주지방법원군산지원 2016.02.04 2015가합10907
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. A building below the ground above 66,000.5m2, Sinsan-dong 873-8m2, Sinsan-dong.

Reasons

1. Rent in 2009: Rent in the previous year 2010 won (excluding value-added tax): Rent in the previous year x (Si/Gun/Gu land fluctuation rate in the industrial area concerned in the previous year) per land per 1 kilometer;

A. On September 15, 2009, the Plaintiff leased the land indicated in the order to the Defendant as the deposit amount of KRW 246,240,000, and the period of December 31, 2019, and determined the rent as follows.

B. However, from September 15, 2009 to June 14, 2012, the Defendant paid only KRW 295,05,053,90 among the total amount of rent of KRW 1,352,490,00, and delayed payment of the remainder of KRW 1,057,436,100. Accordingly, the Plaintiff terminated the lease by serving the instant complaint on the grounds of delinquency in payment of more than twice.

C. The defendant constructed each building on the surface of the above land during the lease period, and the present situation is as shown in the annexed drawing.

On December 31, 2014, the monthly rent as of December 31, 2014, after KRW 20,086,667, the rent after the order is presumed to be the same amount.

On the other hand, the original defendant agreed to pay the delayed rent by 9% interest per annum.

(Article 3(4) of the Lease Agreement (based on recognition) / [Article 3(4) of the Lease Agreement] / Each entry of Gap 1 through 5 (including a paper number), the result of the appraiser A’s survey and appraisal

2. Accordingly, following the termination of a lease agreement, the Defendant is obligated to remove each building indicated on the order installed on the leased land from the Plaintiff, and (2) deliver the said land, and (3) pay 81,196,100 won, which deducts KRW 246,240,00 from the sum of the rent in arrears, and KRW 81,196,100 per annum from August 26, 2015 to the date of full payment, as the Plaintiff seeks, from August 26, 2015 to the date of the delivery of the complaint; and (4) pay 20,086,67 won from July 1, 2015 to the date of delivery of the land.

3. The plaintiff's claim for conclusion is reasonable.

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