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(영문) 수원지방법원 2021.03.18 2019나82592

비닐하우스철거 및 토지인도

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At the request of this court for a change in exchange, the defendant is established on the land of 1180 square meters in Osan-si.

Reasons

Facts of recognition

On December 15, 2015, the Plaintiff’s father network D (hereinafter “the Deceased”) concluded a lease agreement (hereinafter “the instant lease agreement”) with the Defendant to lease KRW 1180,000 square meters (hereinafter “the instant land”) from December 16, 2015 to December 16, 2018 during the lease period, and to lease KRW 80,000 per annum (hereinafter “the instant lease agreement”) with the Defendant, “the lessee restores the leased land at the time of the expiration of the contract” (hereinafter “the instant special agreement”).

From around that time, the Defendant was no longer farming houses upon delivery of the instant land, and around May 2016, when constructing a plastic house on the instant land, contained concrete in the purport of the request on the floor, and occupied and used the said plastic house as well as the strings in the said plastic house (hereinafter “the instant house, etc.”) up to now.

As the Deceased died on October 4, 2016, the Plaintiff succeeded to the lessor’s status under the instant lease contract of the Deceased.

[Grounds for recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 8 through 11, Gap evidence No. 5, Gap's video, and the ground for a claim as to the whole purport of the pleadings. The lease contract of this case terminated on December 16, 2018. The defendant is occupying and using vinyls on the land of this case and the house of this case until now, and according to the lease contract of this case, the defendant can recognize the fact that the defendant is liable to restore the land of this case to the plaintiff when the lease contract of this case expires, and according to this, the defendant is obligated to deliver the land of this case to the plaintiff and remove and collect the house of this case.

Therefore, all of the plaintiff's arguments are justified.

The summary of the Defendant’s assertion regarding the Defendant’s assertion was that the Defendant constructed a vinyl house on the instant land with the consent of the Deceased, and the said vinyl house is not subject to restoration to its original state under the lease agreement of this case.

The lease contract of this case is a building or other structure.