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1. The Defendant (Counterclaim Plaintiff) shall enter the Plaintiff (Counterclaim Defendant) in the separate sheet on the ground of 2479m2, Jeonsan-gu, Jeoncheon-gu, Seoul.
Reasons
A principal lawsuit and a counterclaim shall also be deemed to have been filed.
1. Facts of recognition;
A. The land of this case was owned by D, the original Defendant’s attachment, and was sold to E on May 1, 1989, and E, on May 31, 1989, sold to F on May 31, 1989.
B. Since the sale of the instant land by E and F, D continued to operate orchard by leasing the instant land from E and F. Since 1993, the Defendant had been engaged in orchard farming with D, and from around 2000, the Defendant had been operating the instant orchard on behalf of Defendant C on behalf of D.
C.F died on April 25, 1997, and G, F’s wife and Plaintiff’s mother, completed the registration of ownership transfer on the instant land due to inheritance by agreement division under the former District Court Decision No. 52324, Jun. 11, 1998, which was accepted on June 11, 1998, and succeeded to F’s lessor status of the instant land.
Since the death of D on April 22, 2008, the Defendant, his child, succeeded to the tenant status of the instant land and continued to operate the instant orchard in the instant land. Since 2014, the Defendant paid KRW 200,000 each year rent to G as required by G.
E. On December 28, 2016, the Plaintiff donated the instant land from G, and completed the registration of ownership transfer under the Jeonju District Court’s indictment on January 4, 2017, for the instant land.
F. On January 9, 2017, G, along with the Plaintiff, requested the Defendant to deliver the instant land while notifying the Defendant of the termination of the lease agreement on the instant land, and rejected the Defendant’s demand to renew the said lease agreement.
G. As of the date of the closing of argument in this case, there are trees listed in the separate sheet prepared by the Defendant (hereinafter “the instant trees”) as of the date of the closing of argument in this case.
[Ground of recognition] The fact that there is no dispute, Gap 1, 2, and Eul 4-1, 2-2.