logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.11.20 2018가단104155
토지인도
Text

1. The Defendant connects the Plaintiff with each point indicated in the attached Form 1 through 28, and 1 among the area of 2,060 square meters in Bupyeong-si, Seocheon-si.

Reasons

1. On December 22, 2017, the Plaintiff entered into a sales contract with D to purchase 2,060 square meters (hereinafter “instant land”). On February 13, 2018, the Plaintiff: (a) completed the registration of ownership transfer on the instant land; (b) from around 2010, the Defendant owned a vinyl house 1,701 square meters (hereinafter “the instant vinyl house”) installed in the portion of “A” in the connected land, and owned the said vinyl house, which was located in the part of “A” (hereinafter “the instant vinyl house”), and was growing flowers crops in the said vinyl house, barring any dispute between the parties; (c) according to the above recognition, the Defendant is obligated to remove the instant vinyl house, the owner of the instant land, and to deliver the part of the land occupied by the vinyl house, barring any special circumstance.

2. The Defendant’s argument regarding the Defendant’s assertion is alleged to have succeeded to the lease relationship between D and the Defendant with respect to the instant plastic house site. Thus, according to the evidence No. 1, it appears that the Defendant, while growing at the instant plastic house, paid KRW 1 million or KRW 1.5 million to D in November or December of each year in return for such payment, it appears that the land lease contract was concluded explicitly between D and the Defendant regarding the instant plastic house site.

However, considering the witness witness D's testimony in addition to the whole purport of pleading, the defendant paid the above rent to D, and D's fact that the defendant suspended the cultivation in the instant vinyl house before entering into a sales contract with the plaintiff and demanded the removal of the instant vinyl house and the delivery of its part. According to these facts, the above land lease contract between D and the defendant was lawfully terminated in accordance with D's above demand as it was not fixed by the time limit, and other defendant's other matters.

arrow