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(영문) 서울중앙지방법원 2016.11.08 2016가단40765

토지인도

Text

1. The defendant shall be the plaintiff.

A. 1,769 square meters prior to the Gyeonggi-gun, 1,550 square meters prior to D, 952 square meters prior to E, 1,94 square meters prior to F and G.

Reasons

1. Facts of recognition;

A. On December 26, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a sum of 6,602 square meters of five parcels of land indicated in the Plaintiff’s paragraph (a) as indicated in the Disposition No. 1, which is owned by the Plaintiff (hereinafter “instant land”) on the following terms:

- - up to 12 months until December 25, 2012 (up to one year until December 25, 2013), lease deposit - KRW 1 million, monthly rent - KRW 100,000,000,000 for primary crops, and prohibit installation of fixed facilities, such as concrete structures.

- If the lessor notifies one to two months before the lessor and demands the return of the land, the lessee shall immediately harvest and withdraw the crops in the cultivation.

B. On December 26, 201, the Plaintiff prepared a written consent for land use with the content that the Plaintiff consented to the Defendant’s use of 10,724 square meters prior to H, which is owned by the Plaintiff in the instant land and its neighboring areas for the purpose of growing agricultural crops (hereinafter “H land”), etc. for “agricultural crops” (hereinafter “instant land, etc.”) so that the Defendant may cultivate and cultivate the instant land.

C. The Defendant developed the instant land, etc. using heavy equipment, cultivated crops at the present place, installed four plastic houses on the ground of 1,550 square meters prior to D, among the instant land, and installed a concrete building for residential purposes on the H land.

Meanwhile, unlike the terms and conditions of a lease agreement, the Plaintiff did not receive a lease deposit or rent from the Defendant, and agreed on July 13, 2012 to be provided with agricultural crops cultivated and harvested by the Defendant on a regular basis from the Defendant instead of a lease deposit or rent, and accordingly received a certain amount of agricultural crops, such as non-performance, and distribution.

E. After the expiration of the lease term, the Plaintiff demanded the Defendant to restore the land of this case, etc. to its original state, such as the transfer thereof and the removal of facilities.

【Legal basis for recognition】