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(영문) 의정부지방법원 2017.05.25 2017나200512

토지인도

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part added by this court) is dismissed.

3. Action.

Reasons

Basic Facts

Article 1:Period of Lease of Land from March 26, 2009 to March 26, 2014

Section 2. Lease of the above land shall be limited to seedlings, ornamental trees and vegetables for the purpose of leasing them.

Section 3. The rent of the above land shall be payable to the lessee one percent (1.1 million won) per year during January of the lease year. If the rent is not paid during the lease, the lessee shall be deemed to have waived the rent, the land shall be deemed to have been restored, and the owner, i.e. the lessee may use the land at will.

§ 4. When the lease period of the above land is extended, the lessee and the lessee shall be bound to renew the contract under agreement.

Article 5. The Lessee shall bear the costs of restoring the above land to its original state during its use, in addition to rents.

On March 26, 2009, the Plaintiff (Lessee) entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the area of 4,430 square meters (hereinafter “instant land”) as to the land owned by the Plaintiff on the following terms:

On February 28, 2014, the Plaintiff notified the Defendant of the termination of the lease agreement in writing.

After the conclusion of the instant lease agreement, the Defendant has planted and managed various kinds of trees on the instant land for the purpose of selling them, such as saw trees, pine trees, tree spawn trees, tree spawn trees, and mountain vegetable trees.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, and 4 (including Serial numbers; hereinafter the same shall apply), and the result of the first instance examination, the court of first instance, based on the facts as to the ground for claim as a whole, the lease contract of this case was terminated by the plaintiff's notice of termination as of March 26, 2014 or as of February 28, 2014, and thus, barring any special circumstances, the defendant is obligated to collect trees planted on the ground of the land of this case from the plaintiff and deliver the land.