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(영문) 울산지방법원 2020.01.09 2019가합14475
토지인도
Text

1. The Defendant: (a) indicated in the attached map 1, (b) 2, (c) 3, and (d) 4 of the attached map 1, (c) 2, and (d) 4 of the attached map 3150 square meters in Yangsan-si, Yangsan-si.

Reasons

1. Indication of claim;

A. The Plaintiff and the Defendant entered into a lease agreement between the Defendant to lease the part (a) of the attached map 2, 558 square meters and the part (b) of the attached map 2, 6, 77, 80 square meters and 2170 square meters (hereinafter “instant real estate”), among the part (a) of the attached map 1, 2, 3, 440 square meters and 4340 square meters and the part (b) of the attached map 2, 558 square meters and 4340 square meters and the part (a) of the attached map 2, 579 square meters and 36 months from March 1, 2014 to February 28, 2017, each of which is owned by the Plaintiff (hereinafter “instant lease agreement”). The Defendant received the instant real estate from the time of delivery.

B. On March 10, 2014, the Defendant paid rent of KRW 560,00 to the Plaintiff, and occupied and used the instant real estate without paying rent of KRW 22,240,00 (5 years x 5 years) from March 1, 2014 to February 28, 2019) and rent of KRW 560,00 (5 years x 560,000).

C. Therefore, the Plaintiff terminated the instant lease agreement on the grounds of the expiration of the lease term and the delinquency in rent at least twice through the delivery of a duplicate of the instant complaint. As such, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff, and to pay 2,240,000 won each of the instant real estate at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 10, 2019 to the day of complete payment, and from March 1, 2019 to the time of delivery of the instant real estate, the amount of delayed payment at the rate of 380,000 won per monthly rent (annual rent of 4,560,000 ± 12).

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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