토지인도
All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
The costs of lawsuit.
1. The plaintiff, as to the claim of the principal lawsuit, has three signboards as stated in the purport of the claim of the principal lawsuit filed by the defendant in accordance with the attached Form No. 2, and the defendant has occupied the site indicated in the attached Form No. 2. Under the premise that the defendant occupied the site for the part indicated in the attached Form No. 2, he/she sought the above signboards against the defendant, his/her expansion, and delivery of the above site. However, all of the above signboards and their expansions have been removed as of the closing date of pleadings, and the fact that the plaintiff received a delivery of the site for the part indicated in the attached Form No.
2. Judgment on a counterclaim
A. Defendant’s assertion 1) The Defendant is a person who leased the Plaintiff from the Plaintiff the Yeonsu-gu Incheon Metropolitan Government C Dae-gu 266.6m2 (hereinafter “instant land”).
Nevertheless, the Plaintiff illegally borrowed and occupied the instant land without the Plaintiff’s consent, and the Defendant already sent to the Defendant a certification of the contents of the instant land transfer on or around May 2019 and around October 23, 2019, premised on the termination of the lease contract and sub-lease contract for the instant land, but the Defendant refused to comply with the above request for delivery.
On November 26, 2019, the Defendant filed the instant lawsuit seeking the delivery of the instant land against each of the above signboards and their extension.
2) After June 16, 2020, the Plaintiff entered into a lease agreement with the Defendant by setting annual rent of KRW 6.4 million on the instant land at around 2006, and the above lease agreement was renewed every year around May 2019 by notifying the Defendant of the termination of the above lease agreement, and the above lease agreement was lawfully terminated on around November 2019, and even if not, the Plaintiff sent the Defendant a certification of the content that the Plaintiff notified the Defendant of the transfer of the instant land as of October 23, 2019. Thus, six months thereafter.