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(영문) 광주지방법원 2017.11.23 2017가단4510

토지인도 등

Text

1. The defendant shall collect the number of items listed in the attached list No. 2 from the plaintiff and the land listed in the attached list No. 1.

Reasons

1. Facts of recognition;

A. The land listed in the attached list No. 1 (hereinafter “instant land”) was originally owned by the deceased C, who is the husband of the Plaintiff. On February 20, 2009, the Plaintiff was inherited by an agreement and division.

B. Around May 4, 2007, the Defendant prepared a farmland (lease/loan) contract between C and C to rent and rent the instant land until May 4, 2009, and planted the trees listed in attached Table 2 (hereinafter “the instant trees”) on the instant land.

C. The Plaintiff lent the instant land to the Defendant for two years at spring in 2009.

On May 22, 2014, the Plaintiff notified the Defendant that the instant trees should be collected by the end of October 2014 and the instant land should be transferred on the grounds that the lending period for the use of the instant land had expired, and the said notification was served on the Defendant around that time.

On November 26, 2014, the Defendant was sentenced to a fine of 700,000 won for the crime that “Around May 4, 2012, the Defendant appealed on the instant land, the rent of KRW 100,000 per annum, the lease period from May 4, 2009 to May 4, 2029, the lease contract provided to the lessor, the Plaintiff, and the lessee, and submitted and exercised it to the public official in charge of the office of the Eup/Myeon,” and was sentenced to a fine of 70,000 won (the Gwangju District Court 2014 Goju District Court 2014Da1903, the use of the falsified Private Document, and the use of the falsified Private Document), but the Defendant appealed on July 23, 2015, but the said fine was finalized as is.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, a loan agreement between the Plaintiff and the Defendant was concluded at the expiration of the spring light contract period in 2011.

Therefore, the defendant is obligated to collect the trees of this case from the plaintiff and deliver the land of this case to the plaintiff, except in special circumstances.

As to this, the defendant's land in this case is the money that the defendant has made.