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1. The defendant shall deliver to the plaintiff the land 557m2 in Kimhae-si.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. Facts recognized;
A. The Plaintiff and D’s lease contract 1) The Plaintiff is a non-corporate group established for the purpose of the protection, etc. of E, and the Plaintiff is a land of 57.6 square meters in Kimhae-si (hereinafter “instant land”).
(2) On January 27, 2004, the Plaintiff leased the instant land to D, and then renewed the instant lease on several occasions. On January 20, 2015, the Plaintiff entered into a lease agreement with D and deposit KRW 30 million, monthly rent of KRW 100,000,000 and the lease period of KRW 12 months (hereinafter “instant lease agreement”).
3) D In operating “Glasna” on the land adjacent to the land of this case, D is a container on the inside line (hereinafter “the instant ground object”) connected in the order of each point of section 1, 2, 3, 4, and 1 of the attached drawings attached to the instant land, which connects each point of section 5, 6, 7, 8, and 5 of the attached drawings.
(B) After the establishment of the instant land, the Plaintiff used the instant land as a parking lot for friendship and business purposes. (B) On December 17, 2015, the Plaintiff notified D that the instant lease contract will not be renewed any longer on December 17, 2015, and demanded D to restore the instant land to its original state and return it to the Plaintiff by January 20, 2016, which is the expiration date of the lease term, but D did not comply with the Plaintiff’s request.
2) On April 13, 2017, the Plaintiff filed a lawsuit against D with the Changwon District Court 2016Gahap52326 against D, seeking the removal of the instant ground object, the delivery of the instant land, and the payment of unjust enrichment equivalent to the rent, and on April 13, 2017, D was sentenced to the first instance judgment that “D shall receive from the Plaintiff the remainder of the money obtained from the Plaintiff the amount of KRW 30 million minus the amount of unjust enrichment equivalent to the rent accrued until the completion of the delivery of the instant land, and at the same time, D shall remove the instant ground object and deliver the instant land to the Plaintiff.”