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(영문) 대전지방법원 논산지원 2018.06.21 2017가단21049
토지인도
Text

1. The defendant shall be the plaintiff.

(a) 57 pop-up trees, i.e., 57 pop-up trees planted on the land listed in the attached list 1;

Reasons

1. Facts of recognition;

A. On December 30, 2009, the Defendant jointly leased each of the lands listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant lands”) from the Plaintiff from the Plaintiff on December 30, 2009, with a total of KRW 25 million during the lease period and the said period.

(hereinafter “instant lease agreement”). Of the special terms and conditions of the instant lease agreement, the parts related to the instant case are as follows.

1.The purpose of this Agreement is to use trees for a period of five years by the annual contract for the land lease.

2. When the contract period expires, the extension and termination shall be determined under the mutual agreement, and with respect to the above-ground objects, the lessee may be treated without any objection, and thus, the lessor may not use them; and

3. The lessor agrees that on the ground of the lessee after the lease term expires, the lessor will be subject to voluntary disposal.

B. The Defendant received the delivery of each of the instant lands from the Plaintiff and owned 57 weeks in the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) among them, by planting mack tree 15 weeks, 70 weeks in the land listed in paragraph (2) of the same Table (hereinafter “instant land”) on the land listed in paragraph (1) of the attached Table No. 1 of the said Table, and owned mack tree 57 weeks, 296 weeks in the poppy tree, 15 weeks in the land listed in paragraph (2) of the same Table.

(hereinafter referred to as "the title of this case") c, covering the above trees.

On January 2015, the Plaintiff collected the trees of this case and requested the delivery of each land of this case as the contract term has expired.

[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 to 5, video, purport of whole pleading

2. According to the above findings of the determination as to the cause of the claim, it is recognized that the instant lease contract was terminated upon the expiration of the period.

Therefore, the Defendant, barring special circumstances, collects the trees of this case from the Plaintiff, delivers each land of this case to the Plaintiff, and at the rate of KRW 416,00 per month from January 1, 2015 to the completion date of delivery.

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