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(영문) 서울동부지방법원 2016.02.03 2015가합104266

토지인도

Text

Defendant D, on the land listed in attached Table 1 List 1, 5, and 1.5.

Reasons

Basic Facts

Among each land listed in the separate sheet of the plaintiffs' status (hereinafter "the land in this case"), the plaintiff A owns each 2065/5163 shares, the plaintiff B owns each 2065/5163 shares, and the plaintiff C owns each 1033/5163 shares.

On February 1, 2008, Defendant D and the Plaintiffs entered into a lease agreement between Defendant D and Defendant D with respect to KRW 5049 square meters (around 900 square meters in the inner direction; hereinafter “instant land”) of the instant land, with respect to the annual rent of KRW 1 million and the lease period until February 2, 2010. The said lease agreement was extended twice on the same condition by February 2, 2014.

After the conclusion of the above lease agreement, Defendant D established each vinyl house (hereinafter “the first vinyl house of this case”) on the land of this case as described in Section 1(a) of this case, and installed facilities in each of the above vinyl houses, and up to now, Defendant D occupied the part on which each of the above vinyl houses among the land of this case was installed, while cultivating crops within each of the above vinyl houses.

As the special terms and conditions of the above lease agreement, “Lessee may, if necessary, remove the facilities and crops, restore them to their original state, and not cultivate and install any facilities on the empty land other than the summer and manage them by the owner. In the event of the termination of the lease agreement, the landowner shall be notified to the lessee six months prior to the expiration of the lease agreement.” From February 2, 2013, the Plaintiffs sent to Defendant D a written request to the effect that “the lease agreement is terminated as of February 2, 2014, and the land is delivered by removing the vinyl and crops until the termination of the lease agreement.”

On May 31, 2008, the Plaintiffs in possession of F and Defendant E entered into a lease agreement with F and F with respect to KRW 300,000,000 per annum on the instant land (hereinafter “instant land”) and the lease agreement between F and F as of March 10, 2010.