(영문) 청주지방법원 2016.09.23 2016가단102542

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(영문) 청주지방법원 2016.09.23 2016가단102542

토지인도

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1. Of the instant lawsuit, the part of the claim for sand gathering on each land listed in the separate sheet shall be dismissed.

2. The defendants are the defendants.

Reasons

1. Of the instant lawsuit, the Plaintiff sought a separate claim against the Defendants regarding whether the claim for sand gathering on each of the lands listed in the separate sheet (hereinafter “instant land”) on the ground of the instant land (hereinafter “instant land”) is lawful.

However, in the event that the Defendants are obligated to deliver the land of this case on the land of this case separately sought by the Plaintiff, it cannot be said that there is a benefit to claim separately, on the premise that the Defendants are obligated to deliver the land of this case.

Therefore, the Plaintiff’s claim on this part is unlawful.

2. Facts of recognition;

A. As to the instant land, the registration of ownership transfer in the name of the Plaintiff was completed on March 17, 2003 by the Cheongju District Court No. 19726, March 17, 2003.

B. The Plaintiff leased the instant land to Defendant B without a deposit for lease, with the annual rent of KRW 7.5 million from December 2, 2012 to December 30, 2014.

(hereinafter “instant lease agreement”). C.

With respect to the instant lease agreement, the Plaintiff and Defendant B renewed the term of 625,00 won per month without a deposit for lease, and the term of lease from January 1, 2015 to December 31, 2015.

Until now, Defendant B had Defendant C Co., Ltd., a representative director, occupy and use the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5 (including paper numbers), the purport of the whole pleadings

3. Determination

A. According to the above facts, the instant lease contract terminated upon the expiration of December 31, 2015, which is the expiration date, and the expiration date. As such, Defendant C Company is obligated to restore the instant land as a performance of the duty to return the owned property, and the return of unjust enrichment from January 1, 2016 to the completion date of delivery of the instant land is return of unjust enrichment at the rate of KRW 625,000 per month.

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