토지인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, at around 2013, was granted a free use of 80 square meters in part (A) of the purport of the claim (hereinafter “the instant vinyl”) to the Defendants, which was provided to the Defendants, from the sixth branch of the said branch of the said branch of the said branch of the said branch of the said branch of the said branch of the said branch of the said branch of the said branch of the said branch of the said branch of the said branch of the said case.
The Defendants performed the construction work of expanding access roads to the existing site for the use of the dispute part among the instant vinyl houses.
However, since January 2016, the Defendants began to use the dispute part among the vinyl houses of this case from around January 2016.
On March 11, 2016, the Plaintiff leased the entire greenhouse of this case to D, and the delivery date was set on April 1, 2016.
Around that time, the Plaintiff notified the Defendants of the termination of a free use contract on the part of the instant vinyl, among the instant vinyl houses, and requested the Defendants to deliver it by March 30, 2016, and thereafter suspended it until April 18, 2016.
However, the Defendants did not deliver the part of the instant vinyl to the Plaintiff, which led to the cancellation of the lease agreement between the Plaintiff and D.
The Defendants, on the first day for pleading of the instant case, were recommended by the presiding judge to mediate the dispute between relatives in order to smoothly resolve the dispute between relatives, and delivered the part of the instant plastic houses to the Plaintiffs.
(As to the time of delivery, the Defendants asserted that the time of delivery was around December 2016, and the Plaintiff asserted as of March 8, 2017 as of March 8, 2017. [Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion that the Plaintiff, while allowing the Defendants to use the portion of the instant vinyl to use it, is based on the date of delivery to the third party when the Plaintiff newly leased the instant vinyl to a third party.