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(영문) 대전지방법원서산지원 2020.10.21 2020가단867
건물인도 등
Text

1. The defendant collects all trees planted on each land listed in the list of real estate attached to the plaintiff and collects them.

Reasons

1. The following facts can be acknowledged according to the contents of evidence Nos. 1 to 3 of fact-finding and the purport of the whole pleadings.

On March 1, 2004, the Plaintiff entered into a lease agreement with the Defendant, setting the lease amount of one million won (guarantee) and one million won (hereinafter “instant contract”) as the lease period of 12 months (hereinafter “instant contract”), and the said contract was renewed annually.

B. The Defendant planted trees on the land of this case after the contract of this case.

C. However, on May 8, 2017, the Plaintiff demanded the Defendant to deliver the instant land by February 28, 2020, indicating his intent to terminate the instant contract.

2. Determination

A. According to the above facts, the contract of this case was terminated on February 28, 2020 due to the Plaintiff’s expression of intent to terminate the contract, and thus, the Defendant is obligated to collect trees planted on the land of this case and deliver the land of this case to the Plaintiff.

B. The Plaintiff claiming restitution costs against the Defendant, while claiming restitution costs of KRW 4 million for the instant land, there is no evidence to acknowledge the occurrence of restitution costs or its amount. Therefore, the Plaintiff’s assertion is without merit.

3. The plaintiff's claim against the defendant is accepted within the scope of the above recognition, and the remainder is dismissed as there is no ground.

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