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(영문) 대구지방법원 경주지원 2018.04.17 2017가단2017
농지명도청구
Text

All of the plaintiffs' claims against the defendant are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Facts of recognition

The following facts may be acknowledged in full view of the records in Gap evidence Nos. 1, 2, and 3 (including paper numbers), the results of this court's request for surveying and appraisal of the Korea Land Information Corporation, and the overall purport of arguments.

Attached Form

Land listed in the list 1 and 2 is owned by the plaintiff A, and the land listed in the attached list 3 is owned by the plaintiff B.

The above three land (hereinafter “each land of this case”) is farmland.

B. On January 201, 201, the Plaintiffs leased each of the instant land to the Defendant with a lease deposit of KRW 15,00,000, annual rent of KRW 8,000,000, and the lease term of KRW 5 years from March 30, 201 to March 30, 2016. However, upon the expiration of the lease term, the Plaintiffs agreed to remove the plastic houses installed on each of the instant land and deliver the land to the Defendant by taking into account the period necessary for the removal of the plastic houses in consideration of the period necessary for the removal of the plastic houses.

(hereinafter “instant lease”). In addition, the Plaintiffs and the Defendant agreed to notify the instant lease of the renewal or termination of the contract at least six months prior to the expiration of the lease term.

C. around March 30, 201, the Defendant delivered each of the instant land from the Plaintiffs and connected each of the points in the order of 34,39,40,33, and 34 of the [Attachment Reference] indicated on the following: (a) a plastic house on the ground (i) part of the instant land connected each point of 901 square meters and referring to the attached 105, 41, 42, 30, 31, and 105 square meters in order to connect each point of (b) a plastic house on the ground (b) part of the instant land connected each point of 905 square meters in order of 106, 43, 444, 28, 29, and 106; (c) a plastic house on the ground (c) part of the instant land connected each point of 94 square meters on the ground; (d) a plastic house 27, 45, 46, 25, and 27.

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