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(영문) 광주지방법원 2020.12.08 2019가단529389

토지인도

Text

1. Defendant B:

(a) collect obstacles, such as trees planted on the ground of 1,458 square meters above 1,458 square meters in Jeonnam-gun, Jeonnam-gun;

Reasons

1. On September 20, 2003, the Plaintiff completed the registration of ownership transfer with respect to the land listed in the Disposition No. 1 (hereinafter “instant land”).

On January 20, 2010, the Plaintiff leased the instant land to E. Based on the right to lease the instant land, E planted trees on the instant land, and Defendant B acquired the said trees from E.

On January 18, 2016, the Plaintiff leased the instant land to Defendant B, with the annual rent of KRW 1,200,000, and the contract term from January 20, 2016 to January 19, 2017 (hereinafter “instant lease agreement”). According to the instant lease agreement, if the lessee rents the instant land without the consent of the lessor, the lessor may terminate the instant lease agreement immediately.

Under the instant lease agreement, Defendant C Co., Ltd. (hereinafter “Defendant C”) paid annual rent in 2017 and annual rent in 2018 to the Plaintiff. Defendant C sublet the instant land to Defendant C without the consent of the Plaintiff, and Defendant C engages in business, such as selling trees planted from the instant land to F, with the trade name of F.

On August 14, 2019, the Plaintiff notified Defendant B of the termination of the instant lease agreement by means of content-certified mail.

[Reasons for Recognition] Defendant B: Unsatisfy, Defendant C: deemed as confession

2. According to the facts of the above recognition, since the lease contract of this case was terminated, Defendant B is obligated to collect obstacles, such as trees planted on the land of this case from the Plaintiff, the owner of the land of this case, and deliver the above land, and pay the amount equivalent to the annual rent of 1,200,000 won from January 20, 2020 to the delivery of the land of this case.

In addition, Defendant C is obligated to collect trees planted on the instant land from the Plaintiff, who is the owner of the instant land, and leave the said land.

Therefore, the plaintiff.