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(영문) 춘천지방법원강릉지원 2016.12.20 2016가합50415
유익비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 4, 2007, the Plaintiff leased from the Defendant KRW 1,322 square meters (hereinafter “instant land”) out of KRW 3,119 square meters (hereinafter “instant lease agreement”) at a rent of KRW 3,00,000 per annum (hereinafter “the instant lease agreement”). As to the lease period, the instant lease agreement states that “within seven years from the date of surrender and five years shall be extended.”

In addition, Article 3 of the instant lease agreement provides, “The reputation of the real estate shall be June 1, 2007,” and Article 5 provides, “The lessee may remodel or alter the real estate with the approval of the lessor, but shall be restored to its original state at the expense of the lessee prior to the date of conversion of the real estate.”

B. On April 5, 2007, the Plaintiff received a written consent from the Defendant to use the land of this case, and thereafter submitted the above documents, etc. to Gangnam-si, the Plaintiff filed an application for permission for development activities (land alteration) to create a site related to the instant land (sale site).

In addition, on April 30, 2007, the permission was obtained from the Gangnam Market.

C. On April 30, 2015, the Plaintiff: (a) on May 15, 2015, the period of lease was set at KRW 24 months from May 15, 2015, and KRW 42 million for rent 24 months; (b) on April 30, 2015, D used the instant land as a parking lot for the Housing Promotion Center without the Defendant’s consent.

On March 11, 2016, the Defendant sent to the Plaintiff a content-certified mail stating that “the Plaintiff is obligated to deliver the instant land to the Defendant, as the instant lease agreement was terminated at the expiration of the period,” and on March 30, 2016, the Defendant sent a content-certified mail stating that “the Plaintiff sublets part of the instant land without the Defendant’s consent, and the Defendant will terminate the instant lease agreement,” and each of the said mail reached the Plaintiff at the time of delivery.

[Ground of recognition] without any dispute, Gap 1 to 7 evidence, Eul 1 to 1.

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