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(영문) 전주지방법원 2018.07.19 2017나7845
토지인도
Text

1.The judgment of the first instance shall be modified as follows:

From June 8, 2018 to June 2018, it is listed in attached Form 2.

Reasons

1. Basic facts

A. The Plaintiff is a person who owns each land listed in the separate sheet (the land listed in paragraph (1) of the attached Table 1 and the land listed in Paragraph (2) of the attached Table 2, “the instant chest land”, and each land listed in the separate sheet hereinafter “each of the instant land”).

B. Around 1985, the Plaintiff leased 2,200 square meters out of the land of the Go-gu in this case and 250 square meters out of the breast land of the instant Go-gu to the Defendant under the following conditions:

(1) The term of the above lease contract (hereinafter referred to as the "first lease contract of this case") . (2) the annual rent: 200 won per annum (prepaid on December 31, 1989): The lessee is unable to sublet all leased land to any other person without the lessor's permission, and land is not reclaimed, and the lessor does not refund the house rental deposit to the lessee.

(c).

After that, the Defendant constructed each of the instant warehouses on the land of the Go-gu, and constructed the instant breeding house on the land of the chest, and used the leased part on the land of the Go-gu, and the leased part on the land of the instant Go-gu as the Go-gu, and the chest farm as the chest farm.

The Defendant used the leased part of each of the instant lands even after the expiration of the contract term stipulated in the instant first lease agreement, and the Plaintiff did not raise any objection thereto.

On May 2, 2008, the Plaintiff sought removal and delivery of the land occupied by the Plaintiff, stating that the contract term under the instant first lease agreement has expired against the Defendant, and each of the instant warehouses and the instant breeding farms was constructed without the lessor’s permission, and that the Defendant violated the instant first lease agreement.

On May 18, 2010, the Plaintiff sent a certificate of content to the Defendant to the same effect.

E. The Plaintiff is the Defendant on December 2, 2013.

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