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(영문) 수원지방법원성남지원 2020.11.11 2019가단219976
토지인도
Text

The Defendant

A. Each point of the real estate listed in the separate sheet, in sequence 1, 2, 3, 4, and 1, indicated in the separate sheet.

Reasons

1. Basic facts

A. On December 24, 2017, the Plaintiff entered into a lease contract to the Defendant for the lease of the Gyeonggi-doHanam-si C and D (hereinafter “instant land”) and renewed the said contract, and entered into a new lease contract with the Defendant during the period from December 25, 2017 to December 24, 2017: ① deposit of KRW 10 million (the Defendant shall pay KRW 30 million to the Defendant until October 30, 2018), monthly rent of KRW 4.4 million (including additional taxes, the payment on the last day of each month), ② the period from December 25, 2017 to December 24, 2018; and the Defendant, in relation to the Defendant’s use of the instant land, entered into a special agreement with the effect that the Defendant is liable for administrative orders and is subject to a fine and a charge for compelling compliance.

(hereinafter referred to as “instant lease agreement”) between the Plaintiff and the Defendant.

The Defendant installs obstacles on the ground of the land indicated in (A) on the ship (hereinafter “instant obstacles”) which connects each point of the annexed drawings Nos. 1, 2, 3, 4, and 1 on the ground of the instant land, and uses the instant land.

B. Since the conclusion of the instant lease agreement on December 24, 2017, the Defendant paid KRW 4.7 million per month, instead of paying KRW 30 million as additional deposit under the instant lease agreement, instead of paying KRW 4.4 million per month from January 2018.

On July 31, 2019, when based on the rent of KRW 4.7 million per month, the rent in arrears as of July 31, 2019 is KRW 8 million, and the defendant paid the rent of KRW 3 months thereafter (up to September 2019).

C. As to the Defendant’s use of the instant land, ① a fine of KRW 5 million was imposed on the Plaintiff for a crime of violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development; and the Plaintiff paid the same to the Plaintiff; ② a fine of KRW 50 million for non-performance of the corrective order atHanam-si was imposed on the Plaintiff; and the Defendant paid KRW 27.6 million among them.

As of July 30, 2019, the Plaintiff is liable for the Defendant’s failure to pay the additional deposit and delay in rent, and the non-payment of the non-performance penalty.

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