토지인도
1. The judgment of the court of first instance is modified in accordance with paragraph 2 below.
2. The Plaintiff:
A. Defendant B is KRW 7,747,806 and KRW 3.6 million among them.
1. Basic facts
A. On January 5, 2010, the Plaintiff concluded a lease contract (Evidence 2) with Nonparty H by setting the deposit amount of KRW 2 million, annual rent of KRW 4 million, and the period from January 5, 2010 to May 30, 2012.
B. On February 11, 201, the Plaintiff concluded conciliation with the Plaintiff and H, on November 16, 201, on the ground that H subleted the instant land to the Defendants without permission, that the Plaintiff maintained the lease agreement between the Plaintiff and H by no later than May 30, 201, and H shall deliver the instant land to the Plaintiff by June 10, 201, and that the Plaintiff shall remove 12 greenhouses of the said ground (hereinafter collectively referred to as “the instant vinyl”).
(C) Changwon District Court 201Kadan5113).
On May 1, 2012, the Plaintiff agreed with the Defendants that the Defendants shall continue to possess and use the instant vinyl house after acquiring it from H. However, from June 1, 2012, the Plaintiff agreed to pay KRW 300,000 per month of the vinyl house to the Plaintiff as the usage fee for the portion of land used by each person among the instant vinyl houses.
(hereinafter referred to as “the aforementioned oral agreement”) d.
The Defendants occupied and used each part of the instant land in accordance with the aforementioned oral agreement as follows.
1) 피고 B은 2011. 6. 1.부터 별지 도면2 표시 1, 2, 3, 4, 5, 6, 1의 각 점을 순차 연결한 선내 ㉮, ㉯부분 지상 비닐하우스 2동을 점유사용하다가, 2012. 11. 15.부터는 별지 도면 1 표시 25, 26, 27, 34, 35, 36, 25의 각 점을 순차 연결한 선내 ㉳부분 198㎡으로 비닐하우스 2동을 이전하여 이를 점유사용하다가 2013. 11. 21. 원고에게 이를 인도하였다. 2) 피고 C은 2011. 6. 1.부터 별지 도면 1 표시 25, 26, 27, 34, 35, 36, 25의 각 점을 순차 연결한 선내 ㉮, ㉯부분 합계 264㎡ 지상의 비닐하우스 2동을...