토지인도등
1. The defendant received KRW 3,804,50 from the plaintiff and simultaneously received KRW 3,804,50 from the plaintiff,
(a) Appendix 1 Schedule 1, respectively.
1. Basic facts
A. On February 2, 2009, the Defendant leased each of the instant lands from C, which owned the 1/2 shares of each of the lands listed in the separate sheet (hereinafter “each of the instant lands”), and installed a prefabricated-type housing and a low temperature warehouse (hereinafter “each of the instant buildings”) on the land indicated in the separate sheet (b) and 59 square meters on the land indicated in the separate sheet (hereinafter “each of the instant buildings”). From among each of the instant lands, the Defendant began to cultivate the portion indicated in the separate sheet No. 2(a) and 3,727 square meters in size, 575 square meters in size and 117 square meters in size in size and part (d) on each of the instant lands as an orchard, and cultivated the trees of moleculors, etc. (hereinafter “the instant trees”).
B. On September 29, 201, the Plaintiff, a 1/2 share holder of each land of this case, completed the registration of transfer of ownership in the name of the Plaintiff on September 29, 201 for one-half share ownership of each land of this case due to the sale by voluntary auction.
C. On January 6, 2012, the Plaintiff concluded a lease agreement with the Defendant regarding each of the instant land from January 1, 2012 to December 31, 2014; the rent was free in 2012; and the rent was at least one million won per annum in 2013 and 2014 (hereinafter “instant lease agreement”).
The Plaintiff and the Defendant agreed to the terms of a special agreement at the time of the instant lease agreement that “Lessee shall be obliged to restore after the termination of the contract. The lessee shall consult with the lessor on the contract six months prior to the expiration of the lease term.”
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings
2. According to the facts of recognition as to the Plaintiff’s claim, it can be known that the lease contract of this case was terminated on December 31, 2014 due to the expiration of the term. Thus, barring any special circumstance, the Defendant, a lessee, is obligated to remove each of the instant buildings to the Plaintiff, a lessor, collect the trees of this case, and deliver each of the instant lands to the Plaintiff.
3. Judgment on the defendant's assertion