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(영문) 수원지방법원 성남지원 2018.12.13 2018가단213377
토지인도
Text

1. The defendant

(a) 1,369 square meters in the warehouse site in Gwangju-si and 1 Dong-dong general steel structure on the above ground.

Reasons

1. Basic facts

A. On December 16, 2011, the Plaintiff entered into a lease agreement with the Defendant on each real estate (hereinafter referred to as “instant real estate”) with the storage facility of 330 square meters on the first floor of the 1,369 square meters of the warehouse site C in Gwangju-si and 1 Dong Dong-dong, and the 330 square meters of the 2-dong general steel structure and the 330 square meters of the 330 square meters of the 1st floor of the 2nd floor of the 330 square meters of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2011, with respect to each real estate (hereinafter referred to as “the instant real estate”).

B. On December 201, the Defendant, with the Plaintiff’s permission, installed two mobile storages on the ground of 239 square meters adjacent to the instant real estate in Gwangju-si, Gwangju-si, Gwangju-si, and on September 201, a set of storages on the ground of 1,434 square meters in the attached drawings indicating 1,20, 3, 434 square meters in E field, and on the ground of 282 square meters in sequence connected each point of 1,20, 3, 434 square meters in the ship.

C. On July 26, 2017, the Plaintiff sold the instant real estate and five parcels of land around the instant real estate in KRW 930,000,000 in price, and completed the F on August 28, 2017 all the procedures for the registration of ownership transfer with respect to each of the said real estate.

On December 16, 2017, the above lease contract was implicitly renewed and terminated upon the expiration of the lease term.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination:

A. According to the fact that the Defendant’s delivery or removal and the obligation to return unjust enrichment equivalent to rent expired, the instant lease contract was terminated at the expiration of the period. As such, the Defendant is obligated to deliver to the Plaintiff the part 282 square meters in the ship connected each point of the instant real estate and of the instant D road 239 square meters and E, 1,434 square meters in sequence, 1, 22, 3, 434 square meters in the attached drawings, 282 square meters in the ship connected each point of 1, and remove 282 square meters in the warehouse with the above ground.

In addition, the defendant, after the termination of the instant lease contract, is the vehicle from July 16, 2018 to September 15, 2017, as the plaintiff seeks.

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