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(영문) 수원지방법원 2019.05.29 2018나69523
토지인도
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Determination on the cause of the claim

A. In full view of the respective entries and arguments in Gap evidence Nos. 1 through 9 (including the branch numbers of evidence No. 9) and the whole purport of the arguments, the following facts and circumstances may be acknowledged.

1) On April 1, 2016, Plaintiff A leased each of the above lands to the Defendant at KRW 20 million, monthly rent of KRW 140,000,000,000 to the Defendant on April 1, 2016, as the owner of the land listed in [Attachment List 2 and 3]. Plaintiff B leased the above lands at KRW 11,00,000 per month to the Defendant on the same day as the owner of the land listed in [Attachment List 1]. Plaintiff B leased the said lands to the Defendant as an agent of H District Housing Association’s “H District Housing Association” and the Defendant leased each of the above lands from the Plaintiffs for the purpose

In each of the above lease agreements, the end of the lease term was set as “16 months from the date of authorization and permission,” and the Defendant obtained permission to engage in development activities for each of the above lands from the Masung City on May 2016 and completed the construction report at that time. After that, the Defendant constructed a temporary building of a general steel structure on the ground of 493.20mm2 of the aforementioned land among each of the above land, and thereafter, it occupied and used each of the above land.

3) Meanwhile, each of the above lease agreements stipulated that “if a lessee fails to pay rent more than twice, a lessor may terminate the contract,” and the Defendant did not pay the respective rent to the Plaintiffs. On February 2017, Plaintiff A and Plaintiff B expressed their intent to terminate each of the lease agreements to the Defendant on the grounds of the delinquency in rent. On November 2017, 2017. 4) The Defendant responded to the purport that “The fact-finding, duty to restore, and duty to deliver land as alleged by the Plaintiff are recognized” in the grounds of appeal on August 7, 2018.

B. In full view of the above facts and circumstances, the above facts and circumstances between the plaintiffs and the defendant are as follows.

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