토지인도 등
1.The judgment of the first instance shall be modified as follows:
2. The defendant is against the plaintiffs:
(a) Between the 7,984 square meters in the gold-gu Busan Metropolitan City.
1. Facts of recognition;
A. Plaintiff A is a co-owner who owns the share of 65404/79840 and the share of 13230/79840 of the share of 65404/79840 of the land in this case (hereinafter “instant land”).
Lease deposit: 50,000 won per month (payment at the end of each month): Terms and conditions of a special agreement for 12 months (from November 1, 2013 to October 31, 2014)
1. A lessee shall not be reappointed;
2. The termination shall be terminated by three months prior to the occurrence of the causes for termination of this Agreement.
B. On November 1, 2013, the Defendant leased a plastic house (hereinafter “instant plastic house”) on the ground of part (b) of 221 square meters (hereinafter “part (b) in the ship connected in order to each point of 51, 50, 57, 56, 55, 54, 53, 52, and 51, the appraisal of the instant land among the instant land from the Plaintiffs, and occupied and used it, and entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiffs under the following terms and conditions.
C. On February 12, 2014, the Plaintiffs sent to the Defendant a certificate of content indicating that the instant lease agreement was terminated under the Plaintiff A’s name, and around that time, the said certificate reached the Defendant.
Meanwhile, the Defendant, among the instant land, installs and uses a toilet (hereinafter “instant toilet”) on the ground of the part of 1 square meter (c) portion (hereinafter “the part (c) on the ship (hereinafter “the part (c)”) connected in sequence of each point of 58, 59, 60, 61, and 58, the attached appraisal map among the instant land.
[Reasons for Recognition] Facts without dispute, entry of evidence A1, 2, 3, and 5 (including each number; hereinafter the same shall apply), the result of the on-site inspection conducted by this Court, the result of each appraisal commission to Busan and Ulsan Metropolitan City Headquarters, Busan and the Vice-Governor and E, the purport of the entire pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was concluded on February 12, 2014, based on the Plaintiffs’ intention of termination, three months thereafter.