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(영문) 청주지방법원제천지원 2019.11.13 2019가단1240
토지인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in Annex 1 List 2, Annex 2, Section 1, Section 2, Section 2, Section 3, Section 4, Section 1.

Reasons

1. Basic facts

A. On September 21, 2016, the Plaintiff acquired the ownership of the land listed in attached Table 1 List 1(1).

B. On the land indicated in paragraph (1) of the attached Table 1 list, there exists, prior to the Plaintiff’s acquisition of ownership of the above land, the land indicated in paragraph (2) of the attached Table 1, a toilet of approximately 24 square meters of detached houses and a toilet of about 5.76 square meters among the buildings listed in paragraph (2) of the attached Table 1 list among the buildings listed in paragraph (2) of the attached Table 1 attached hereto (hereinafter “each of the above buildings”).

The Defendant owned each of the instant buildings and occupied approximately KRW 36.36 square meters of the part inside the ship (hereinafter “instant land”) connected in sequence of each point of Annex A, B, C, D, and A, among the land listed in the attached Table 1 List 1 (1).

C. From September 22, 2016 to September 21, 2018, the Plaintiff received KRW 250,000 per annum from the Defendant as the rent for the instant land.

In this regard, the plaintiff and the defendant have not agreed separately on the term of lease of the land of this case.

On November 19, 2018, the Plaintiff sent to the Defendant a content-certified mail stating that “a lease contract for the instant land is terminated”.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 8 (including each number number), and the purport of the whole pleading

2. Article 635(1) of the Civil Act provides that "if there is no agreement on the term of lease, the parties may notify at any time the other party of the termination of the contract," and Article 635(2) provides that "if the lessor has notified the other party of the termination of the land, building or other structures from the date of receipt of the notification under the preceding paragraph, it shall take effect after six months, and if the lessee has notified the termination, after one month, it shall take effect."

According to the above facts, the plaintiff and the defendant are judged to have concluded a lease agreement with respect to the land of this case without any agreement.

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