(영문) 대구지방법원상주지원 2015.12.23 2015가단2446

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(영문) 대구지방법원상주지원 2015.12.23 2015가단2446

토지인도 등

Text

1. The defendant

(a) remove containers and plastic houses on the surface of 9,181.8 square meters at the time of permanent residence;

Reasons

1. Basic facts

A. The Plaintiff is the owner of CY 9,181.8 square meters (hereinafter “instant real estate”) at the time of residence.

B. On September 27, 2007, the Plaintiff entered into a lease agreement with the Defendant under which the instant real estate was leased to the Defendant by setting the lease period from January 1, 2008 to December 31, 2017 (hereinafter “instant lease agreement”). The instant lease agreement provides that the lease agreement shall be terminated when the Defendant, who is the lessee, delays the rent to be paid for at least three months.

C. However, the Defendant did not pay the rent under the instant lease agreement, and on April 2014, the unpaid rent was KRW 25,010,000, and the Plaintiff prepared a notarial deed as to the said rent.

However, the Defendant still did not pay a proper rent even after the lapse of the period, and the Plaintiff expressed his intention to terminate the instant lease agreement to the Defendant on or around June 26, 2015, around 32,040,000 interest rate for the unpaid rent. This reached the Defendant around that time.

E. At present, the instant real estate has a container, plastic house, or save, built or planted by the Defendant pursuant to the instant lease agreement, and the Defendant occupied the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the argument and judgment, the instant lease agreement was terminated on June 26, 2015, when the Plaintiff expressed his/her intent to terminate the lease agreement due to the Defendant’s delinquency in rent. Thus, the Defendant is obligated to remove containers and vinyls on the ground of the instant real estate to the Plaintiff, remove sacrines, remove sacrines, and deliver the instant real estate to the Plaintiff.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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