토지인도
1. The defendant,
A. On the arrival of May 1, 2019, the Plaintiff collected trees planted to the Plaintiff on 1,184 square meters in Macheon-si E-si, Netcheon-si.
1. Facts of recognition;
A. On May 1, 2013, the Plaintiff: (a) leased the instant land of KRW 10 million per annum; (b) from May 1, 2013 to April 30, 2018, the period of lease was determined and leased to the Defendant by setting the rent of KRW 10 million per annum; and (c) from May 1, 2013 to April 30, 2018.
(hereinafter “instant lease agreement”). At the time, the Defendant agreed to recover the instant land before subdivision from its original state upon the expiration of the lease term.
B. The Defendant planted landscaping trees on the land before the instant partition and occupied them.
C. On December 13, 2017, Plaintiff B purchased each share of 1/2 from the Plaintiff’s net-si F. F. 760 square meters and H. 447 square meters divided from the land prior to the instant partition, and completed the registration of the transfer of ownership on January 22, 2018. The said land was merged into F. F. 1,207 square meters (hereinafter “instant land”).
Plaintiff
C around December 13, 2017, the Plaintiff purchased 1/2 shares of G 1,022 square meters (hereinafter “instant 2 land”) out of the instant land divided from the instant land before the instant partition from the Plaintiff, and completed the registration of the transfer of ownership on January 22, 2018.
E. On December 22, 2017, the instant land was divided into the land before the instant partition, E, 1,184 square meters (hereinafter “instant three land”).
F. On April 30, 2018, the instant lease agreement was renewed after the expiration of the lease term, and the lease term was extended until April 30, 2019.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. According to the facts of recognition as to Plaintiff A’s claim, the instant lease agreement is terminated on April 30, 2019, which is the expiration date of the renewed lease term. Thus, upon the arrival of May 1, 2019, the Defendant is obligated to collect trees planted on the land of this case and deliver the said land to Plaintiff A.
The Plaintiff is difficult to expect voluntary performance of the Defendant even after the termination of the lease, such as disputing the expiration date of the lease agreement of this case.