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(영문) 인천지방법원부천지원 2019.03.08 2018가단117250

토지인도

Text

1. The part of the instant lawsuit regarding the claim for collection shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. On April 3, 2014, the Plaintiff leased the instant land owned by the Plaintiff to the Defendant at KRW 300,000 per month without setting a deadline, and the Defendant sold the said land to the said land at KRW 52 weeks, 26 weeks, 35 weeks, shot tree, 60 weeks, and 3 weeks of rubber tree, and 21 pieces of sewerage pipe, 3 of sewerage pipe, 10 tons of sand, 4 tons of stone, 4 tons of stone, bricks, and blocks, etc., and did not pay a difference from May of the same year.

Accordingly, the Plaintiff terminated the above contract by the complaint on the grounds that the Defendant did not pay the rent for more than two years.

The plaintiff, based on the ownership of the above land, requests the defendant to remove the disturbance and return the owned property, as stated in the purport of the claim.

2. On December 14, 2018, the court ordered the Plaintiff to specify the subject of collection among the claims on the third date for pleading of December 14, 2018. However, the Plaintiff did not take any measure by the fourth date for pleading of January 11, 2019.

Therefore, the part concerning the claim for collection among the lawsuits of this case is unlawful because the claim is not specified.

(3) The Plaintiff entered into a contract with the Defendant to lease the instant land only on the sole basis of the evidence presented by the Plaintiff alone, even if the purport of the claim is specified. (3) The evidence presented by the Plaintiff as to the remainder of the claims alone was insufficient to recognize that the Defendant was planting or piling down obstacles to the Plaintiff’s assertion.

It is difficult to recognize that the defendant occupies the land of this case or that the plaintiff occupies the land of this case, and the plaintiff's allegation about rent and land transfer is without merit.

4. According to the conclusion, the part of the instant lawsuit’s claim for collection is unlawful, and the Plaintiff’s remaining claims are without merit.