logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.10.20 2017가단812
수목수거 및 토지인도
Text

1. The Defendants jointly collect the entire number of trees listed in the separate sheet, which is planted on the 4,215 square meters prior to E in Kim Jong-si.

Reasons

1. Basic facts

A. On November 13, 2009, the Plaintiff entered into a lease agreement with Defendant D and Kim Jong-si, setting the lease term of KRW 4,215 square meters (hereinafter “instant land”) up until November 30, 2012, and KRW 3.7 million for three years, and agreed as follows.

Matters of special agreement

1. By agreement of the parties, the term of the contract may be extended more than two years upon termination.

2.The rent for three years shall be paid in lump sum at the time of the contract.

3. The rent for a three-year term shall be 3.7 million won in total;

4. To reinstate the whole condition of the lease upon termination of the contract.

B. The Plaintiff renewed the lease agreement with Defendant D twice, and Defendant D sold trees planted on the instant land to Defendant B and C.

In addition, on January 15, 2016, Defendant B and C entered into a lease agreement with the Plaintiff on the instant land by setting the annual rent of KRW 2 million, term of lease by December 31, 2016, and agreed as follows.

Matters of special agreement

1. No absolute extension may be made upon termination of the contract period by agreement of the parties.

2.The rent for one year shall be paid in lump sum at the time of the contract.

3. He/she shall collect mother and child eggs in the former condition at the time of termination of the contract;

4. A guarantor: D (Signature) a former lessor.

C. On October 4, 2016 and November 29, 2016, the Plaintiff notified the Defendants to the effect that “The term of lease cannot be extended under a lease agreement,” “the Plaintiff shall restore the instant land to its original state and deliver it,” along with the expiration of the term of lease.

[Reasons for Recognition] The entry of Gap's evidence 1 to 6 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the lease contract entered into with Defendant B and C on the instant land was terminated upon the expiration of the period of validity.

Defendant B and C jointly have the duty to collect trees planted on the instant land from the Plaintiff and deliver the instant land to the Plaintiff.

In addition, the above obligations of Defendant B and C are replaced.

arrow