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(영문) 창원지방법원 2018.08.23 2017가합55636
토지인도
Text

1. The defendant shall indicate to the plaintiff the attached Form 2 drawings (1), (2), (3), (4) and (1) on each ground of the land listed in the attached Table 1 list.

Reasons

1. Facts of recognition;

A. The Plaintiff leased each of the lands listed in the separate sheet No. 1 (hereinafter “each of the lands of this case”) owned by the Plaintiff to the Defendant at around 2006 by setting the annual rent of KRW 1,920,000 and the lease term of KRW 3 years.

(hereinafter referred to as "the lease of this case")

The Defendant, on each of the instant lands, installed a vinyl house for the purpose of growing crops as indicated in the Disposition 1.4, and one vinyl house for the purpose of residence and warehouse, which is called the “farmer” as indicated in the Disposition 1., and one studio for each of the instant lands (the total five plastic greenhouses together; hereinafter “each of the instant vinyl houses”; and when referring only a vinyl house for the purpose of referring only to a residential greenhouse, hereinafter “instant farmer”).

C. The instant lease agreement became an implied renewal, and the annual rent of the instant lease agreement was increased to KRW 2,700,000 from around 2014.

The Defendant paid up to the rent for the year 2016 to the Plaintiff, and requested the Plaintiff to withdraw from each of the instant land on July 17, 2017.

(A) Evidence Nos. 3, hereinafter referred to as "request for the eviction of this case"). / [Grounds for recognition] without dispute, each entry of Evidence Nos. 1, 2, and 3 (including paper numbers), and the purport of the whole pleadings.

2. The assertion and judgment

A. 1 Determination as to removal and delivery claims 1) Even if a lease contract has been implicitly renewed, a lessor may notify at any time the lessee of the termination of the contract and becomes effective when six months have elapsed from the date of receipt by the lessee of the above notice (the latter part of Article 639(1) and Article 635(2) of the Civil Act).

Pursuant to the Administration, the instant lease agreement is required to be withdrawn.

Since January 17, 2018, which was six months after the date of hearing, terminated on January 17, 2018, the Defendant is obligated to remove each of the instant plastic houses to the Plaintiff and deliver each of the instant land to the Plaintiff.

The defendant asserts that the contract of this case was concluded between the plaintiff and the defendant by increasing the annual rent in 2014, until the defendant can use the termination date of the lease of this case.

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