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(영문) 춘천지방법원 강릉지원 2017.02.08 2016가단5180
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

B. From February 7, 2016, each of the above.

Reasons

1. Basic facts

A. A. Around February 2006, the Plaintiff entered into a lease agreement with the Defendant on the annual rent of KRW 1,300,000 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) (hereinafter “instant lease agreement”) from February 7, 2006, the rental period of KRW 10,000, ten years from February 7, 2006, and the rent payment period of February 10 of each year (hereinafter “instant lease agreement”).

B. The Defendant installed a culture facility in each real estate of this case, and operated an orchard by planting spawn trees.

In around 2015, the defendant received subsidies for discontinuance of business according to the special law on assistance to farmers, fishermen, etc. following the conclusion of the Free Trade Agreement, and did not grow even around that time.

On the other hand, it is the situation in which spawn trees cultivated by the defendant are in the state that there are no spawn trees, and only some spawn culture facilities are left alone.

C. The Plaintiff sent content certification to the Defendant twice on January 13, 2016 and January 22, 2016. The content certification states that “the Defendant did not pay the rent of the year 2015, and paid the unpaid rent as of February 6, 2016.”

On August 1, 2016, the Plaintiff filed the instant lawsuit. On September 9, 2016, the Defendant deposited KRW 1,300,000, which is the annual rent in 2015, with the Plaintiff as the principal deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion and determination 1) The Defendant did not pay the annual rent under the instant lease agreement since 2012, and the instant lease agreement was terminated on February 6, 2016. Therefore, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff, and the Defendant is obligated to deliver the unpaid rent to the Plaintiff, and the total amount of KRW 5,200,000 (4 years from 2012 to 2015 x 1,300,000 annual rent and the date following the end of the instant lease agreement, respectively, from February 7, 2016.

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