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(영문) 서울중앙지방법원 2017.02.09 2016가합532421
토지인도
Text

1. The defendant shall issue to the plaintiff each point in the order of indication 1, 2, 3, 4, and 1 of the annexed drawings among the area of 2,383 square meters in Seocho-gu Seoul Metropolitan Government.

Reasons

1. Facts of recognition;

A. On April 7, 1998, the Plaintiff entered into and renewed the instant lease agreement. On April 7, 1998, the Plaintiff is the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government 2,383 square meters (hereinafter “instant land”).

(2) On May 14, 2010, the Plaintiff entered into a farmland lease contract with the Defendant (hereinafter “instant lease contract”) on the instant land from around 1997, where the Plaintiff’s husband owned the instant land, and the Defendant leased and used the instant land from around 1997.

The lessor: The lessor and the lessee are to pay the lease deposit and the rent as follows by agreement between the lessor and the lessee under Article 1 (Purpose).

The rent of five million won shall be paid on May 15 each year.

Article 2 (Duration) The lessor shall deliver the said farmland to the lessee by May 15, 2010 in a condition that he/she may use and benefit from the said farmland for the purpose of the lease, and the term of lease shall be from the date of delivery to May 15, 201.

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the use or structure of the said farmland, transfer the sub-lease or provide security, or use it for any purpose other than the purpose of lease without the consent of the lessor.

Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice consecutively or has violated Article 3, the lessor may terminate the contract without delay.

3) The instant lease agreement was renewed under the same condition even after the expiration of the lease term, and the Defendant currently has the right to file a cargo, warehouse, office (hereinafter “instant temporary building”) as stated in Paragraph (1) of this case on the instant land.

the land of this case shall be constructed and possessed.

B. The Defendant’s rent payment details after the instant lease agreement are as follows.

On November 24, 2010, KRW 5 million, KRW 200,000,000 on November 22, 2011, KRW 10 million on November 8, 2012, KRW 1,000,000 on November 17, 2013, KRW 500,000 on May 31, 2013, KRW 500,000 on May 31, 201.

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