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(영문) 대구지방법원 2015.07.10 2015가단8152

수목수거및토지인도등

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1. The defendant shall be the plaintiff.

(a) collect trees planted on the 1,565 square meters prior to Busan Metropolitan City, and deliver the said land; and

Reasons

1. Determination as to the cause of claim

A. Facts of recognition

A. Of the 1,565 square meters (hereinafter “instant land”), one half share is registered in relation to one-half share, prior to Busan Metropolitan City, on December 29, 2006, and on April 15, 2008, with respect to the remaining one-half share, each ownership transfer registration has been completed in the Plaintiff’s name.

B. Around March 2008, the Plaintiff entered into a lease agreement with the Defendant on the condition that the instant land is leased by setting the annual rent of KRW 500,000, and the lease period until the Plaintiff demanded the name of the Plaintiff (hereinafter “instant lease agreement”).

The defendant cultivated landscape trees, etc. on the land of this case.

C. On February 7, 2010, the Defendant paid 780,000 won to the Plaintiff on the following grounds: (a) the Defendant did not pay the Plaintiff the rent.

On February 27, 2014, the Plaintiff sent a content-certified mail demanding the Defendant to collect the trees above the instant land by March 31, 2014, deliver the said land, and pay the unpaid rent by February 28, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, the purport of the whole pleadings

B. According to the facts found above, since the Defendant did not pay two or more vehicles, it is reasonable to view that the Plaintiff may terminate the instant lease agreement on this ground, and that the Plaintiff included an expression of intent to terminate the instant lease agreement on the content-certified mail sent by the Plaintiff to the Defendant on February 27, 2014. Therefore, the instant lease agreement was lawfully terminated around that time.

Therefore, the Defendant is obligated to collect the trees planted on the ground of the instant land and deliver the land to the Plaintiff, and pay the unpaid rent and unjust enrichment equivalent to the rents.

Furthermore, as to the scope of unpaid rent and unjust enrichment, health expenses (al.e., unjust enrichment that the Defendant gains from the occupation and use of the land in this case shall be deemed to be the same amount as the above rent) and from March 2008 to February 2015.