beta
(영문) 서울고등법원 2016.04.20 2015나28427

토지인도 등

Text

1. The portion of the judgment of the court of first instance against the defendant exceeding the money ordered to be paid below.

Reasons

1. Basic facts

A. On December 15, 2001, the Plaintiff entered into a lease agreement with the Defendant, under which the Plaintiff entered into a lease agreement with each of the real estate listed in the separate sheet, which is farmland owned by the Plaintiff (hereinafter “each of the instant land”) with the Defendant, at a fixed rate of 1,00,000 won per annum, and the rent payment period of January 1, 2002, and from January 1, 2002, and from January 1, 2002, each of the instant land was delivered to the Defendant around that time.

B. (i) The Plaintiff did not raise any objection to the Defendant’s continued possession and use of each of the instant land even after the termination of the lease agreement on December 31, 2002, and the Defendant, while occupying and using each of the instant land upon delivery, covered each of the obstacles listed in the separate sheet of obstacles (hereinafter “influences”).

Luxembourg The Defendant paid KRW 1,00,000 annually to the Plaintiff for four (4) years from the date of commencing the instant lease agreement, but did not pay from January 1, 2006.

On December 19, 2013, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the grounds of the overdue charge of rent and the construction of obstacles without permission, etc., and the said document delivered to the Defendant on December 20, 2013.

Applicant However, the Defendant refused to deliver each of the instant lands on the ground that it is difficult for the Defendant to move all the crops planted on each of the instant lands at once, and the Plaintiff requested the Defendant to deliver each of the instant lands by October 2014.

C. The defendant's possession and deposit (i.e., the defendant's refusal to comply with the plaintiff's above request, and the defendant owned and used each of the lands of this case with the obstacles of this case.

B. On the other hand, the Defendant, after filing the instant lawsuit, shall appoint the Plaintiff as the principal deposit on December 31, 2014, as Seoul Eastern District Court No. 2014, No. 4667, the name of the principal deposit in the year 2014.