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1. The defendant shall be the plaintiff.
(a) remove all obstacles to each real estate surface listed in the separate sheet, and the land above;
Reasons
1. Determination on the cause of the claim
A. (1) On November 10, 2009, the Plaintiff, as the Plaintiff’s owner, leased each real estate listed in the separate sheet, the land category of which consists of orchard and forest land (hereinafter “instant land”) to the Defendant, with a deposit of KRW 10,000,000 per annum, a rent of KRW 6,000,000 per annum, and the period from November 10, 2009 to November 10, 2012.
The instant lease contract has been implicitly renewed even after the expiration of the lease term.
(2) From around that time, the Defendant occupied and used the instant land by installing containers on the surface of the instant land and storing construction equipment, etc., and did not pay rent from November 10, 2015.
(3) On February 2018, the Plaintiff expressed the Defendant’s intent to terminate the instant lease agreement on the grounds that the Defendant was in arrears with two or more vehicles, and demanded that the Defendant enter into a lease agreement with another person on March 1, 2018 and enter into the instant land.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 12 and the purport of the whole pleadings
B. According to the above facts, the lease contract of this case was lawfully terminated on or around February 2018 by the Plaintiff’s declaration of intent to terminate the lease contract on the ground of rent for at least two years on the ground of the Defendant’s delay. Thus, barring any special circumstance, the Defendant is obligated to remove all obstacles installed on the ground of the instant land and deliver the instant land to the Plaintiff, and pay the Plaintiff the overdue rent and unjust enrichment equivalent to the rent in arrears at the rate of KRW 6,00,000 per annum from November 10, 2015 to the completion date of delivery of the instant land.
2. As to the defendant's argument, the defendant asserts to the following purport.
In other words, after entering into a lease agreement, the Plaintiff delivered the instant land to the Defendant as one of the civil engineering works with a total of 800 square meters.
The defendant.