logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2017.06.13 2017가단690
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in the Appendix 1 Schedule;

(b)the land listed in the Schedule II;

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each land listed in the separate sheet No. 2 and 3, and the Defendant is the owner of the building listed in the annexed sheet No. 1 on the land listed in the annexed sheet No. 2 (hereinafter “instant building”).

B. On January 15, 2003, the Defendant was awarded the instant building at the auction procedure at the court’s voluntary auction procedure, and thereafter entered into a lease agreement with the Plaintiff, setting the rent of KRW 2,50,000,000 per annum on the land indicated in the attached Table 2 list (hereinafter “instant lease agreement”).

C. From 2005 to 2016, the Defendant paid to the Plaintiff KRW 20 million out of the rent of KRW 30 million under the instant lease agreement (2.5 million x 12 years).

On February 21, 2017, the Plaintiff expressed his/her intent to terminate the instant lease agreement due to the delay in rent by the Defendant, and the duplicate of the instant complaint was served on the Defendant on February 21, 2017.

E. Meanwhile, the Defendant occupies a part of 274 square meters in the ship (b) connected each point in the attached Form 1, 2, 3, 4, 5, 6, 7, and 1 among the land listed in the attached Table 3 list.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1, the purport of whole pleadings

2. According to the facts acknowledged earlier, since the Defendant delayed the payment of rent for at least two years as stipulated in the instant lease agreement, the instant lease agreement was terminated upon the Plaintiff’s declaration of intent to terminate the instant lease agreement to the Defendant on February 21, 2017.

Therefore, the Defendant is obligated to remove the instant building to the Plaintiff, deliver the part occupied by the Defendant among the land listed in the attached Table 2 and the land listed in the attached Table 3, and pay the unpaid rent of KRW 10 million to the Plaintiff and the amount of unjust enrichment at the rate of KRW 2.5 million per annum from January 15, 2017 to the completion date of delivery of the land listed in the attached Table 2.

3. Conclusion, the plaintiff's claim is justified.

arrow