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(영문) 수원지방법원평택지원 2015.09.17 2015가단40116 (1)
토지인도
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in paragraph 2 of the attached list, and the land listed in paragraph 1 of the attached list;

Reasons

1. The plaintiff's assertion

A. On December 31, 2013, the Plaintiff entered into a lease agreement with the Defendant as to the land listed in attached Table 1 (hereinafter “instant land”), with the term from January 1, 2014 to December 31, 2014, setting the lease deposit amount of KRW 5,500,000 per month, and the term of lease from January 1, 2014 to December 31, 2014, and the Defendant agreed to remove two buildings listed in attached Table 2 on the instant land (hereinafter “instant building”) to deliver the instant land to the Plaintiff upon termination of the said lease agreement. Since the Defendant did not pay the said lease agreement from July 1, 2014 to November 26, 2014, the Plaintiff was obligated to remove the instant land at the rate of 00,000 won to the Plaintiff and pay the instant land to the Plaintiff with unjust enrichment of KRW 60,000,000.

B. Since the Defendant entered into a sales contract with the Plaintiff on August 13, 2010 for KRW 115,00,000 with respect to the instant building, the Defendant is obligated to pay the Plaintiff the said sales price of KRW 115,00,000,000 and delay damages.

2. Judgment on the main claim

A. The facts of recognition (1) The Defendant entered into a lease agreement with the Plaintiff on December 22, 2009 between December 22, 2009 to December 31, 201, with the lease term of the instant land from December 22, 2009 to December 31, 201, and the lease deposit amount of KRW 5,500,000, monthly rent of KRW 600,000 on the ground of the instant land, as a special agreement, and attached the following matters to the said lease agreement.

1. The lessor, at the lessee’s expense, may construct a prefabricated building for the purpose of the restaurant in the name of the lessee on the land of this case.

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