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(영문) 창원지방법원거창지원 2016.12.20 2016가단10549

토지인도

Text

1. The defendant shall deliver to the plaintiff each land listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. Each of the lands listed in the separate sheet (hereinafter referred to as “each of the lands in this case”, and, when the individual lands are specified, each of the ownership transfer registrations was completed as listed in the following table.

Land indicated in paragraph (1) of the attached Table 1 of the date of registration for transfer of ownership of real estate eligible for the sequence 1 on April 15, 1972, CD on November 22, 201, 201, as indicated in paragraph (2) of the attached Table 2 of the attached Table 1 of the registration titleholder 1 of the date of registration for transfer of ownership of the real estate eligible for the sequence 1, J. 6, 1986, land listed in paragraph (6) of the attached Table 6 of the attached Table 6 of the Korea on October 13, 1986, as stated in paragraph (3) of the attached Table 3 of the E List 3 of the attached Table 3 of the E-4 on November 22, 2011.

B. On November 20, 201, the J concluded a lease transfer agreement with the Plaintiff on November 20, 201, under which the land of this case was cultivated by borrowing from the Chang-gun, under which the Plaintiff entered into a lease transfer agreement with the Plaintiff to transfer all rights, including the right to cultivate the instant land of this case.

(hereinafter “The instant lease transfer contract”). At the time of the conclusion of the instant lease transfer contract, J agreed to transfer the right of lease to the Plaintiff as well as the right of lease to the Plaintiff regarding each of the instant paragraphs 2 and 3.

C. Around January 2012, the Plaintiff leased each of the lands of the instant paragraphs 1 through 3 to the Defendant with a fixed annual rent of KRW 7 million and two years from the date of the lease term contract (hereinafter “instant lease contract”). At the time of entering into the instant lease contract, the Defendant agreed not to change the form and quality of the land to the Plaintiff without the Plaintiff’s consent, or refrain from planting lost trees except for the construction of structures or one-year plant crops.

On September 25, 2013, the Plaintiff determined the purpose of use of the instant Paragraph (1) from the Sig Chang-gun for cultivation, and received a loan from September 25, 2013 to December 31, 2017 by setting the loan period.

In the above loan agreement, the plaintiff subleases the loan property or changes the original state of the loan property without the approval of the head of a Si/Gun.