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(영문) 의정부지방법원고양지원 2016.12.08 2016가단81211
토지인도
Text

1. The defendant shall be the plaintiff.

A. The soil and the disposal of wastes on each ground of not less than B 1,085 square meters in ancientyang-si, C 972 square meters, D 1,006 square meters, and E 963 square meters.

Reasons

1. Comprehensively taking account of the respective descriptions and images of Gap evidence Nos. 1 through 5 as to the cause of the claim and the purport of all pleadings, the plaintiff, on May 21, 2015, leased four parcels of land (hereinafter “instant land”) such as Goyang-si B, C, D, E, etc. owned by the plaintiff to the defendant on May 21, 2015, without a deposit, as KRW 5 million from May 1, 2015 to July 31, 2015, the plaintiff agreed to restore the instant land to its original state at the expiration of the lease term, and even if the lease contract between the above original defendant has expired, he/she may recognize the fact that the waste and soil is stored on the instant land, and that the aggregate equipment is left unattended.

According to the above facts, the Defendant is obligated to remove waste and earth and sand disposal on the ground of the instant land, remove aggregate equipment and deliver the instant land to the Plaintiff, and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 5,00,000 per month from August 1, 2015 to the time when the instant land is returned to the original state.

2. As to the Defendant’s assertion, the Defendant: (a) entered into a joint agreement with F after renting the instant land; and (b) entered into a joint agreement with F on June 15, 2015 on the instant land as of June 15, 2015 due to the internal circumstances of the company; (c) thereafter, the Defendant continued to work on the instant land, which led to the Defendant, and thus, was not liable for the said things; (d) however, as seen earlier, the Defendant agreed to restore the instant land to its original state at the time of the expiration of the lease term with the Plaintiff as the lessee of the instant land, and thus, the Defendant is obligated to return the instant land to the Plaintiff.

The defendant's argument is without merit.

3. If so, the plaintiff's claim is reasonable.

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