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Reasons
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(영문) 제주지방법원 2018.12.11 2017가단62169
토지인도 등 청구의 소
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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Attached Form 10,600 square meters of C Forest land in Seopopopo-si.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On December 28, 2001, the Plaintiff is the owner who completed the registration of ownership transfer with respect to C Forest land 10,600 square meters (hereinafter “instant forest”).

B. On April 13, 2008, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease period from April 13, 2008 to April 13, 2010, under the terms that the instant forest is leased KRW 1.7 million per annum and the lease period from April 13, 2008 to April 13, 2010.

C. The Defendant paid to the Plaintiff KRW 5,200,000,000 on June 19, 2008, KRW 500,000 on June 8, 2009, KRW 500,000 on July 6, 2009, KRW 500,000 on December 9, 2009, KRW 700,000 on August 2, 2010, KRW 300,00 on May 11, 201, and KRW 17,000 on January 17, 2014.

On April 27, 2016, the Plaintiff, through an agent, has occupied the instant forest without permission without permission by the Defendant with only a total of KRW 5,200,000,000,000 for the Defendant. On the other hand, the Plaintiff notified the Defendant that the instant forest should be delivered by June 30, 2016 by transplanting trees planted by the Defendant in the instant forest and notified the Defendant that the instant forest should be delivered by June 30, 2016. On February 6, 2017.

E. Meanwhile, the Defendant had been engaged in growing and selling trees on the land of the instant forest after the conclusion of the instant lease agreement, and even until now, there remain 164 shares of trees listed in the attached Table planted by the Defendant on the land of the instant forest, and among them, 17 weeks spawn as pine wilt.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 5, Gap evidence 4-1, 2, Gap evidence 5, 6, and 7, and the purport of the whole pleadings

2. According to the judgment on the ground of the plaintiff's main claim, the lease contract of this case, which was implicitly renewed, is terminated by the plaintiff on the ground of the defendant's delinquency in payment of rent for more than two years.

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