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1. The Defendant shall complete the Plaintiff’s greenhouses and planted trees installed on each land listed in the separate sheet.
Reasons
1. Facts of recognition;
A. The Plaintiff leased each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”) to the Defendant, at the annual rent of 15 cm (80 km per mag, payment as of November 30 of each year) and from September 15, 2004 to November 30, 2009, and thereafter, the lease contract was implicitly renewed (hereinafter “the instant lease contract”).
The defendant has been cultivated in the previous land in each of the instant land, which is a single-living farmer, and around October 2016, the defendant planted a multi-living tree on each of the instant land.
C. On June 19, 2017, the Plaintiff notified the Defendant that the instant lease contract will be terminated if the Plaintiff did not request the restoration of each of the instant lands to the original state, and that the said lease contract will be terminated on or around July 10, 2017.
[Ground of recognition] Facts without dispute, entry of Gap 2-5 evidence, purport of the whole pleadings
2. Determination as to the cause of action
A. Comprehensively taking account of the following circumstances acknowledged by the evidence as seen earlier, the instant lease agreement was lawfully terminated according to the Plaintiff’s notice of termination on the ground of the Defendant’s nonperformance of obligation.
① According to Articles 3 and 5 of the instant lease agreement, the Defendant, a lessee, cannot use each of the instant land for any purpose other than the purpose of lease without the consent of the lessor, and is obligated to return each of the instant land to the original state at the end of the lease.
However, as the defendant himself is the person of this case, the defendant has cultivated stomato over several years since before entering into the lease contract with the plaintiff, and since C died, it seems that C entered into the lease contract with the plaintiff, and has cultivated stomato in each land of this case for more than 10 years thereafter.
In addition, the defendant around October 2016.