토지인도 등
1. The judgment of the court of first instance is modified as follows.
Defendant: (1) The Defendant is not less than 7,984m2.
1. The facts below the basic facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in the statements in Gap evidence 1-1 and 2.
Plaintiff
A owns 65404/7980 of the instant land, and Plaintiff B owns 13230/79 of the said land. The Plaintiff was delegated by the co-owners of the said land with the authority to manage and dispose of the said land.
B. From around 2003, the Defendant leased and operated the instant (b), (c), and (d) parts from the Plaintiffs, etc., with the trade name called E in the vinyl houses installed.
2. Determination on claims concerning (2) of this case, (3) (c) of this case
A. The judgment of the primary claim is that each vinyl which is installed on the ground of this case (b) and (c) is owned by the plaintiffs. The defendant, according to the oral lease agreement between the plaintiffs, leases each vinyl house on the ground of the above (b) on March 2, 2009, and (c) on the ground of the above (c) on April 1, 201 and uses it until now. Since the above lease agreement was terminated by the notice of termination as of February 12, 2014, the defendant asserts that the above tenant is obligated to deliver each vinyl house to the plaintiffs.
However, it is not sufficient to recognize that the plaintiffs leased their greenhouse houses on the ground of the above (b) and (c) only with the descriptions or images of Gap evidence Nos. 12 through 16, to the defendant, and there is no evidence to acknowledge otherwise, the plaintiffs' primary claims cannot be accepted.
B. (1) Determination of the conjunctive claim (1) around 2005, the Defendant: (b) leased the land of this case (b) from the Plaintiffs in KRW 1,200,000 on a yearly basis; and (c) the Defendant leased the land of this case (c) from the Plaintiffs in around 2012 in KRW 500,000 on a yearly basis; and (d) installed a vinyl house on that basis.