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Reasons
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(영문) 부산지방법원동부지원 2017.08.18 2016가합103520
토지인도
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1. The defendant shall be the plaintiff.

(a) deliver to Busan Nam-gu Cze-gu 837.7 square meters;

(b) Attached drawings of the land described in paragraph (a).

Reasons

1. Facts of recognition;

A. From September 25, 2003, the Plaintiff owned 837.7 square meters in Nam-gu, Busan (hereinafter “instant land”).

B. On February 25, 2005, the Plaintiff and D entered into a lease agreement with D on a deposit of KRW 100,000,000 for the instant land, KRW 3,000,00 for the rent, and the period from February 28, 2005 to twenty-four months, and delivered the instant land to D around February 28, 2005, and D paid KRW 100,000 for the lease deposit to the Plaintiff on February 25, 2005.

After that, on January 11, 2007, the Plaintiff and D concluded a lease contract again with a fixed term of 100,000,000 won for the instant land, 3,50,000 won for the tea, and 3,50,000 won for the period from March 1, 2007.

C. On January 21, 2010, the Plaintiff and D concluded a lease contract with a deposit of KRW 150,000,000 for the instant land, KRW 4,500,000 for the tea, and the period from March 1, 2010 for 36 months. D paid KRW 50,000,000 for the deposit increased to the Plaintiff on January 21, 2010.

On February 22, 2013, the Plaintiff and D entered into a lease agreement with a deposit of KRW 150,000,000, monthly rent of KRW 4,800,000, and the period from March 1, 2013 (hereinafter “instant lease agreement”).

E. Since May 25, 2005, the Defendant, along with D, operated a fee parking lot on the instant land, and installed a portable toilet (hereinafter “instant portable toilet”) on the ground of 10.53 square meters on the ship connected with the indication 1, 2, 3, 4, and 1 of the attached drawing among the instant land in sequence, in order to use the container stuff (hereinafter “instant container stuff”) and the indication 5, 6, 7, 8, and 5 of the same drawing.

The Plaintiff consented to the installation of the container stuff and the instant portable toilets. However, the retention period was limited to the term of the lease agreement concluded between the Plaintiff and D.

F. The Plaintiff’s instant case against D on August 27, 2015.

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