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(영문) 수원지방법원 2018.11.29 2017가단549212
토지인도
Text

1. The Defendants jointly do so to the Plaintiff:

A. Of the lands listed in paragraph 3 of the attached list, the attached sheet Nos. 5, 6, 7, 8, 5.

Reasons

1. Basic facts

A. On December 5, 2012, the Plaintiff entered into a lease agreement with Defendant A on seven parcels, including each of the lands listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant lands”), setting the annual rent of KRW 5,554,080, and the lease period from December 5, 2012 to December 4, 2017 (hereinafter “instant lease agreement”). At that time, the Plaintiff transferred the said land to Defendant A.

B. On September 5, 2017, the Plaintiff notified Defendant A of the rejection of the renewal of the instant lease on the ground that he/she had failed to pay rent, and around that time, the said notification reached Defendant A.

C. The Defendants, along with a female, install a greenhouse for agricultural use in the land indicated in the attached Table No. 3, as indicated in the order list, and occupy each of the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, result of a request for surveying appraisal by this court, purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the instant lease agreement was terminated on December 5, 2017. Thus, barring any special circumstance, the Defendants are jointly obligated to remove the agricultural greenhouse on the ground specified in attached Table 3 to the Plaintiff, deliver each of the instant land to the Plaintiff, and pay the Plaintiff the amount of unjust enrichment equivalent to the rent from December 5, 2017 to the completion date of delivery of each of the instant land.

B. Furthermore, according to the health account and the result of the court’s entrustment of appraisal of unjust enrichment, the rent for each of the instant lands from December 5, 2017 to August 31, 2018 can be recognized as a total of KRW 6,959,940, and the monthly rent is a total of KRW 784,575, and the subsequent rent is confirmed to be the same amount. As such, the Defendants jointly do so to the Plaintiff and jointly with the Plaintiff as to ① KRW 6,959,940, and from September 1, 2018 to October 17, 2018.

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