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(영문) 창원지방법원 2015.05.29 2014가단75397
토지인도
Text

1. The Defendant removed three plastic houses installed on the land of 1,523 square meters in Kimhae-si, Kimhae-si.

Reasons

1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties; Gap evidence Nos. 1, 2, and 3; Eul evidence Nos. 2-1 to 10; Eul evidence Nos. 2; the result of this court’s entrustment to the head of Busan Special Metropolitan City, Busan Special Metropolitan City, Busan Special Metropolitan City and the purport of the oral argument; and there is no counter-proof otherwise.

On December 16, 1989, the network D, which is the plaintiff's put, completed the registration of ownership transfer with respect to the land of 1,523 square meters (hereinafter "the land in this case").

After that, the network D died on June 30, 199, and the Plaintiff succeeded to the instant land following a consultation division, and completed the registration of ownership transfer on the instant land on February 24, 2014.

B. The Defendant, at the time of the death of the net D, has installed three plastic houses in the instant land, and each of the said plastic greenhouses, boilers, illuminations, lighting facilities, large-scale air-conditioners, computer systems, etc., and cultivated sphocars, etc. in each of the said plastic greenhouses.

C. From January 1, 2013 to April 24, 2014, the date of the instant lawsuit, the amount equivalent to the rent of KRW 7,934,70 (i.e., KRW 5,970,150 from January 1, 2013 to December 31, 2013; KRW 1,964,540 from January 1, 2014 to April 24, 2014; and the rent of KRW 524,160 from April 24, 2014 to April 24, 2014.

2. Determination on the request for delivery, removal, taking place, and removal

A. According to the facts of the judgment as to the cause of the claim, the Defendant, who occupies and uses the instant land, has the duty to remove three plastic houses installed on the instant land to the Plaintiff, the owner of the instant land, and take the above plastic houses control devices, boilers, boilers, lighting facilities, large-scale air conditioners, computer systems, etc., and collect crops, such as scars, inside each of the said plastic houses, and deliver the instant land.

B. The defendant's assertion 1) The defendant's assertion that the lease contract is concluded as follows.

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