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(영문) 의정부지방법원고양지원 2020.10.29 2019가단12025

토지인도

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 28, 2003, C entered into a farmland lease agreement with the Defendant, setting the lease term of ten years and annual rent of 1.6 million won as to the land indicated in the separate sheet (hereinafter “instant land”).

B. After that, on August 27, 2014, C leased the instant land to the Defendant by setting the lease period from August 27, 2014 to August 26, 2019; and the rent amounting to two million won per annum.

(hereinafter “instant lease agreement”). C.

C On April 1, 2018, the Plaintiff, etc. was the wife D and the heir, and the Plaintiff completed the registration of ownership transfer on the instant land by inheritance by consultation and division on April 1, 2018.

On July 1, 2019, the Plaintiff sent to the Defendant a certificate indicating that he/she did not intend to extend the instant lease agreement, but returned in absence. On July 9, 2019, the Plaintiff again sent such certificate to the Defendant (hereinafter “certificate of content”).

[Ground of recognition] Facts without dispute, Gap 1, 2, and 4's statements, the purport of the whole pleadings

2. Determination as to the claim

A. The gist of the Plaintiff’s assertion 1) After the death of C, on July 1, 2018, the Plaintiff: (a) ordered the Defendant to deliver the instant land to the Defendant on May 2019; and (b) on May 10:5, 2019, the Plaintiff asked the Defendant to whom the Plaintiff would deliver the instant land at any time upon the expiration of the termination date of the instant lease agreement; and (c) on July 1, 2019 and July 9, 2019, the Plaintiff sent to the Defendant each of the instant facts to the Defendant.

3. As seen earlier, the Defendant, even though the instant lease contract had been terminated according to the Plaintiff’s non-explosive intention of re-extension of the instant lease contract.