토지인도 및 지장물철거 등
1. Defendant B and the Defendant (Counterclaim Plaintiff) C jointly with the Plaintiff (Counterclaim Defendant) :
A. The forest land D is not less than 16353 square meters in Nam-si, Namyang-si.
1. Basic facts
A. On June 12, 2010, the Plaintiff leased Defendant B a forest land E with a rental period of KRW 1781 square meters for six months, six months, six months, and six months’ rent (advance payment) to Defendant B. On November 25, 2010, the Plaintiff leased the forest land again under the aforementioned conditions. < Amended by Presidential Decree No. 22426, Nov. 25, 2010>
(hereinafter “instant lease agreement”). B.
On October 18, 2010, the said forest was divided into the area of 1458 square meters and 16353 square meters for D forest land (hereinafter “instant forest”) before E, Namyang-si, Namyang-si.
C. After the instant lease agreement, Defendant B was discovered when installing a dog in the forest land before the said division and conducting illegal business, and subsequently sublet Defendant C with the forest land before the said division without the Plaintiff’s consent on October 2013.
After the lease period and the sub-lease period of this case, the Defendants, in turn, have installed and raised each mix 30, 31, 32, 33, and 30 of the annexed drawings among the forest land of this case, and each mix 1 in each of the “inboard” portion, which connects each point of 34, 35, 36, 37, and 34 of the annexed drawings, and connections 38, 39, 40, 41, and 38 of the same drawings, and each of the “inboard” portion, which connects each point of 38, 39, 40, 41, and 38 of the annexed drawings (hereinafter “in the case”).
F. Meanwhile, Defendant B did not entirely pay to the Plaintiff the monthly rent (1,00,000 won for six months) from November 25, 2010 under the instant lease agreement. The Plaintiff sent a written notification containing a declaration of intent to deliver the instant forest to Defendant B by content-certified mail, and the said written notification was served to Defendant B around that time.
[Ground of recognition] Defendant C: A without dispute, entry of evidence Nos. 1, 2, and 3, the result of a request for surveying and appraisal to the director of the Namyang branch of the Korea Land Information Corporation, and the purport of the entire pleadings.