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(영문) 대구지방법원 서부지원 2021.03.31 2020가단61307
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the land size 2126 square meters in Daegu-gun C, each point is indicated in the attached Form 1, 2, 3, 4, and 1.

Reasons

Facts of recognition

A. On October 2017, the Plaintiff, as the owner of CY 2126 square meters in Daegu-gun-gun, Daegu-gun (hereinafter “instant land”), determined the said land as three years from October 201 to October 2020, the Plaintiff leased the said land to the Defendant by removing the entire facilities and restoring it to its original state (hereinafter “instant lease agreement”). B. The Defendant leased the instant land from the Plaintiff, and installed three plastic houses and cultivated the said land outside of the said area, as described in subparagraph 1-A of the Disposition No. 1, on the ground.

(c)

On April 1, 2020 and July 8, 2020, the Plaintiff sent each content-certified mail to the Defendant refusing to renew the instant lease agreement, and the Defendant received each service around that time.

【Ground of recognition】 The non-contentious facts, Gap's entries in Gap's evidence 1 through 3 (including various numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated at the end of October 2020, the period was terminated. Thus, the defendant is obligated to remove the 3 consent greenhouse installed on the land of this case to the plaintiff as a performance of duty to restore the original status, take all movables, such as hydrogens, materials, etc., and deliver the land of this case.

B. The defendant's assertion did not have agreed with the plaintiff for three years, and at the time of the lease contract of this case, the plaintiff can continue to hold the farmer's house at the time of the lease of this case 10 years or 20 years.

In other words, the term of the contract would continue to be extended, and according to the current farmland law, the term of the farmland on which a vinyl house is installed shall be at least five years, so it is not possible to respond to the plaintiff's claim on the premise that the term of the instant lease is three years.

The lease contract of this case is the term of lease.

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