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(영문) 제주지방법원 2020.09.25 2019가단7166

건물인도

Text

1. The Defendant (Counterclaim Plaintiff) indicated the annexed drawing among the land of 1,646m2 before J in Jeju-si, on the Plaintiff (Counterclaim Defendant).

Reasons

Facts of recognition

A. Although the ownership of the instant land was registered as owned by K prior to J, 1,646 square meters (hereinafter “instant land”) in Jeju-si, the pertinent land was inherited to Plaintiff B, C, D, E, F, G, H, and Nonparty L, the spouse of the Plaintiff and his/her children, according to the ratio of the final inheritance shares in the attached Form, following the death on March 16, 1987 by K.

B. On March 21, 2006, Plaintiff A related to the lease of the instant land: (a) leased the instant land to the Defendant and M with a fixed term of 3 million won and 12 months; and (b) renewed each year after the lease thereof; (c) on March 15, 2018, the contract was renewed each year; (d) the Defendant and N with a fixed term of 3.4 million won and the contract term of 12 months.

(B) On March 15, 2018, Plaintiff A renewed the instant lease agreement with N around March 14, 2018. However, Defendant refused to renew the instant lease agreement on the ground that the instant lease agreement was sub-leaseed to a third party without permission, in the order of 6,7,8,13, 12, 11, 10, 9, 9, and 6 in the order of 158 square meters and 58 square meters and 158 square meters and 58 square meters and 158 square meters and 17.3 square meters and 17.3 square meters in the instant land.

C. The present status of the Defendant’s land occupation on the instant land is as follows.

The portion “A” in the order of 1,2, 3, 4, 7, 6, and 1 of the attached drawings among the points in each of the 1, 2, 3, 4, 7, 6, 7, 8, 13, 12, 11, 10, 9, 13, and 158 square meters in part “B” connected each of the 158 square meters in line with a lightweight and steel pipe, shall be the 158 square meters in line with each of the 1,2, 3, 4, 6, 7, 8, 13, 12, 12, 11, 12, 13, and 5 square meters in line with each of the 17.3 square meters in line.