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(영문) 인천지방법원 2014.12.16 2013나34624

토지인도

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant are dismissed.

2. The Defendant (Counterclaim Plaintiff) raised in the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Defendant E and F are co-representatives of the main plant of “M” located in G in Kimpo-si (hereinafter “instant factory”); Defendant G is the head of the factory of this case; Plaintiff A is the owner of the factory of this case; Plaintiff B is the owner of 129m2 in Kimpo-si; Plaintiff B is the owner of J large 694m2 in Kimpo-si and K large 330m2 in Kimpo-si, and the Plaintiffs are family members residing in the first house located in Kimpo-si in the vicinity of the instant factory.

B. As a result of the survey, it was found that the real estate listed in paragraph (6) of the attached Table No. 6 owned by the Plaintiff and the real estate listed in paragraphs 4 and 5 of the attached list No. 2 owned by the Plaintiff was included in the instant road.

(hereinafter referred to as “each of the instant real estates” in the attached list Nos. 4 through 6 included on the road.

On December 30, 201, Defendant E and F entered into a land lease agreement (hereinafter “instant lease agreement”) with Plaintiff A and B, which provides for rent of KRW 1,500,000 per annum (payment on January 1 of each year) without setting a lease term, with respect to each of the instant real estate.

Paragraph 2 of the instant lease agreement states that “A, a props packages of illegal concrete packaging on the J, L, private land, shall restore the parcel number used for development or rent for any other purpose, without any reason, to its original state, and be subject to the intention of the props.” Paragraph 6 states that “F, the representative of the lessee, and E, “If the props do not pay rent for the private land access to the access road, they will urgently restore to its original state when they want to restore to its original state,” and Paragraph 8 of the instant lease agreement promises that “F, E, the representative of the MM, and E, the surrounding area of the place of business, shall be able to restore to its original state if they want to restore to its original state.”

'The letter is written.'

E. The plaintiff A shall not be effective.