beta
(영문) 의정부지방법원 2016.05.26 2014가합7350

토지인도 등

Text

1. The Plaintiff:

A. Defendant B: (i) transfers each land listed in the separate sheet, and (ii) from December 2, 2012 to the list in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a land of 4,473 square meters and E 2,278 square meters in Yangju-si (hereinafter “each of the instant land”).

B. On December 1, 2004, the Plaintiff entered into a lease agreement stipulating that each of the instant lands shall be leased to G during the lease period from December 1, 2004 to December 1, 2009, and around that time, the Plaintiff transferred each of the instant lands to G.

C. Around 2007, G transferred the right of lease to Defendant B based on the lease agreement as described in the above sub-paragraph (b), and the Plaintiff entered into a lease agreement with Defendant B with the same content as the above sub-paragraph (b) lease agreement (hereinafter “the instant lease agreement”). The key contents are as follows.

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the purpose or structure of the above real estate, transfer the right of lease or offer the security thereof, or use it for any purpose other than the purpose of lease without the consent of the lessor.

Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice consecutively or has violated Article 3, the lessor may terminate the contract without delay.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent or damages are paid, it shall be prevented and the balance shall be refunded.

피고 B와 피고 C은 2007. 11.경 이 사건 각 토지에서 상황버섯, 영지버섯, 천마를 재배하는 내용의 동업계약을 체결하였고, 이 사건 각 토지 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㅍ 부분 각 지상에 설치된 철파이프조 비닐지붕 구조물(이하 ‘이 사건 각 비닐하우스’라고 한다)을 G으로부터 임차하여 상황버섯,...