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(영문) 수원지방법원평택지원 2017.04.12 2016가합8710

토지인도

Text

1. The Defendants are to the Plaintiff:

A. Of the lands listed in the [Attachment 1] table 1, among the lands listed in the annexed Table 1 list, the Attached Table 2 Map No. 1,2,3,4,5,6,7.

Reasons

Basic Facts

D, on October 201, which represented the Plaintiff, such as the conclusion of a lease agreement between the Plaintiff and the Defendants, concluded a lease agreement on the land specified in paragraph (1) of this case (hereinafter “instant lease agreement”) (hereinafter “instant land”) with the Defendants on an oral basis, setting a lease agreement between the Defendants on January 1, 201 and five million won per annum.

The Defendants, around that time, paid five million won to D, and have been handed over the instant land and installed a vinyl house as described in paragraph (1) of the disposition of this case on the ground (hereinafter “instant vinyl house”), have been occupying and using the instant land until now.

On February 2013, the Defendants, such as the Plaintiff’s request for a new lease agreement, paid 9.6 million won per annum increased according to D’s demand.

Since then, the Plaintiff, not D, managed the instant land to E Co., Ltd. (hereinafter “E”), an agricultural company with the representative director, and accordingly, D returned 9.6 million won per annum to the Defendants.

From March 1, 2013 to February 29, 2016, the Plaintiff, through E employee, demanded the Defendants to enter into a lease agreement that contains a special agreement to waive the Defendants’ right to purchase the instant land, on several occasions, including the term of lease from March 1, 2013 to February 29, 2016.

Accordingly, according to the original lease agreement, the defendants refused to enter into the above lease agreement on the ground that the term of lease is more than ten years and that the waiver of the right to purchase ground is not included in the special agreement, but all the defendants paid a deposit of one million won and increased annual rent.

The plaintiff's notification of delivery to the second police officer on February 2016, the plaintiff extended the term of lease from March 1, 2016 to February 28, 2019, the deposit of one million won, the annual rent of 8650,000 won, the year 2017, and the lease of 9220,000 won, respectively.