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(영문) 전주지방법원 2019.10.23 2018가합4641

토지인도

Text

1. The defendant is against the plaintiff A, the plaintiff A.

(a) remove trees planted on the land listed in the separate sheet 1 and 2, and above;

Reasons

1. Facts of recognition;

A. The Plaintiffs are clans belonging to F, while F, leased each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) on behalf of the Plaintiffs to G, H, I, J, and K (hereinafter “the instant lessees”) as follows:

(hereinafter “each of the instant leases”). Of Plaintiff A’s Category A L, the owner of the real estate owned the instant lease. Of the Plaintiff A’s Category I, the land B, PH 6 North Korea J Y-gun PH 7 North Korea E, QW-gun, QW-gun, QW-gun, QW-gun, QW-gun, 8, North Korea E, 2018, was registered for annexation with D land around September 21, 2018.

H 9 Former Northern-gun RH

B. The lessee of this case sub-leases each of the lands of this case leased from the plaintiffs as shown in the above table to the defendant without obtaining consent from the plaintiffs (hereinafter “each of the sub-leases of this case”), and thereafter, the defendant planting trees on each of the lands of this case to the present day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The gist of the plaintiffs' assertion is that the tenant of this case sub-leases each of the lands of this case leased from the plaintiffs to the defendant without permission, and thus the tenant of this case is obligated to restore each of the lands of this case to its original state, deliver each of the lands of this case to the plaintiffs who are the owner and the lessor, and return unjust enrichment equivalent to the rent by the completion date of delivery after the termination of delivery. In addition, as long as the sub-lease cannot oppose the lessor's claim for return, the sub-lessee cannot set up a claim for return based on the lessor's ownership on the ground of sub-lease without permission. Thus, the defendant collected trees planted on each of the lands of this case, and each of the lands of this case.