토지인도
1. The defendant is against the plaintiffs:
A. (1) Of the real estates listed in Nos. 1 attached hereto, the attached appraisal Nos. 2, 41 through 49, .
1. Facts of recognition;
A. On October 4, 2013, the Plaintiffs were co-owners holding 1/3 shares of each of the real estate listed in the separate sheet, and entered into a lease agreement with the Defendant on September 20, 2016 with respect to the land portion below (hereinafter “instant land”) until September 20, 2016, with the annual rent of KRW 6 million (hereinafter “instant lease agreement”), and leased the instant land to the Defendant.
① Of the real estate listed in the annexed No. 1, the portion 1 attached Form 2,41 through 49, 68, 69, 8, 7, 6, 5, 5, 4, 3, and 2, the appraisal of each part 1 in the ship connected in the order of each point indicated in the annexed Table No. 2, and 8, 69, 70, 21 through 40, and 1 in the order of each point indicated in the annexed Table No. 2, among the real estate listed in the annexed Table No. 2, the part 1 in the ship connected each point listed in the annexed Table No. 2. (3) Of the real estate listed in the annexed Table No. 3, the portion 81 square meters in the attached Table No. 2,634 square meters in the order of each point listed in the annexed Table No. 3. 3.
B. The Defendant operates a fishing place on the instant land, and did not pay a rent from the year 2015.
[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including additional numbers), the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination
A. According to the above facts, since the lease contract of this case terminated on September 20, 2016, the term of lease expires, the defendant is obligated to deliver the land of this case to the plaintiffs, and pay 2 million won in arrears each of the rent of 2015 (total of 6 million won), and return unjust enrichment calculated by the ratio of the rent of 2 million won per annum from September 21, 2016 to the completion date of delivery of the land of this case from September 21, 2016 to the completion date of delivery of the land of this case.
B. As to this, the defendant, on the land adjacent to the land of this case that the plaintiffs separately leased to another person, had the customers finding the defendant's fishing place due to noise and smelling generated by the operation of sn beam production factory, and the defendant did so to the plaintiff.