1. The defendant shall be the plaintiff.

A. Each point is indicated in the attached Form 1 through 4, and 1 among the area of 1,947 square meters in Chungcheongnam-gun budget D.

1. Facts of recognition;

A. On February 8, 1960, the Plaintiff completed the registration of ownership transfer with respect to D 1,947 square meters (hereinafter “instant land”).

B. Around 196, the Defendant newly constructed a house (hereinafter “the instant house”) on the ground (hereinafter “the instant house”) which connects each point of the items indicated in the annexed drawing Nos. 1 through 4, and 1 of the instant land (hereinafter “the instant land”) and the part (B) which connects each point of the annexed drawing Nos. 5 through 8, and 5 of the instant land in sequence, among the instant land, to the ground warehouse (hereinafter “the instant warehouse”).

Examining the materials attached to the Defendant’s Answer submitted on April 3, 2018, it can be confirmed that the date on which the Defendant approved the use of a newly built building was August 27, 1996.

C. On November 7, 2007, the Defendant agreed to pay to the Plaintiff the rent of KRW 100,000 (the end of each year) each year in relation to the use of the land in (a) and (b) as the site for the instant house and warehouse.

The Defendant did not pay the Plaintiff the rent from January 1, 2013 to the date.

On April 5, 2016, the Plaintiff sent a content-certified mail to the Defendant to resolve the lease relationship, and the above content-certified mail reached the Defendant around that time.

E. At present, the Defendant maintains its existing status without removing the instant house and warehouse.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, the result of this court's request for appraisal and supplementary appraisal of the budget branch office of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the plaintiff and the defendant are deemed to have entered into a lease contract under the Civil Act in accordance with the agreement that one party permits the use of the part of land under paragraphs (a) and (b) and the other party agrees to pay the price for use

Article 640 and Article 641 of the Civil Code are two lessees in relation to land lease for the purpose of owning a building.