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1. The Defendant connects the Plaintiff with each point of the annexed drawings 1, 2, 3, 4, and 1 in sequence among the land size 1,351 square meters in Seodaemun-si.
Reasons
1. Basic facts
A. On June 4, 2013, the Plaintiff is the owner who completed the registration of ownership transfer with respect to C & 1,351 square meters (hereinafter “instant land”).
B. Since the Defendant entered into a lease agreement with Nonparty D, the former owner of the instant land, in sequence of each of the items in the drawings Nos. 1, 2, 3, 4, and 1 attached hereto (hereinafter “instant lease agreement”), the Defendant is one unit of a steel pipe plastic roof on the ground (hereinafter “instant vinyl”) on the part (A) and is in possession thereof.
C. On June 2013, the Plaintiff demanded the delivery of the said portion (A) and the instant plastic houses on its ground to the Defendant, indicating that the instant lease agreement is no longer maintained immediately after acquiring the ownership of the instant land. However, the Defendant did not comply with such demand.
In other words, the Plaintiff demanded the Defendant to deliver the above (A) portion and the instant vinyl on its ground on January 2015, but the Defendant did not comply with the request.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 4 and the purport of the whole pleadings
2. According to the facts alleged and based on the determination, the instant lease contract is a land lease without a fixed period. Thus, it is deemed that the pertinent lease contract was lawfully terminated on or around June 2013, which was six months after the Plaintiff expressed to the Defendant pursuant to Article 635(2)1 of the Civil Act, pursuant to Article 635(2)1 of the Civil Act.
Therefore, barring special circumstances, the Defendant, as the owner of the instant land, is obligated to remove one room for the steel pipe plastic roof on the ground of the part (A) part of the instant land connected with each point of the annexed drawings 1, 2, 3, 4, and 1 among the instant land, and deliver the said part (A).
3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.