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(영문) 수원지방법원 성남지원 2018.01.30 2017가합404647
토지인도
Text

1. The Plaintiff:

A. Defendant B shall display a map on the ground of 3107 square meters of land of D forest land in 1Hanam-si, Hanam-si, (1), (2), (3), (4), and (5).

Reasons

1. Determination as to the cause of claim

A. On June 2009, the Plaintiff entered into a lease agreement with Defendant B on the condition that the lease term of 1183 square meters (hereinafter “F”) for the Plaintiff’s 1183 square meters (hereinafter “F”) prior to the Sinnam-si, Chungcheongnam-si, the Plaintiff would be determined as from January 1, 2009 to December 31, 2009, and that the monthly rent (3,300,000 won) shall be paid in a lump sum (hereinafter “instant lease agreement”). The details are as follows.

1. The lessee shall use this land only for the purpose of cultivating agricultural products;

2. The lessee may not allow or approve the reappointment, business, transfer, use of superficies, etc. of the cultivation right to a third party;

3. No lessee may carry in or install any structures, facilities, or non-agricultural instruments, etc. on the ground of this land.

4. Where a lessee violates any of the paragraphs (1), (2) and (3), the lease contract shall be automatically extinguished without any separate notice.

The structures, facilities, equipment, etc. installed and brought into the ground shall be immediately removed at the expense of the lessee. If the lessee fails to perform this, the lessor may execute it by proxy without the prior consent of the lessee. In such cases, the lessee shall pay the expenses requested by the lessor immediately without any objection.

B. Defendant B paid KRW 3,300,000 to the Plaintiff, and received F. Thereafter, the instant lease agreement was implicitly renewed, and thereafter, occupied the said land until now.

On the other hand, Defendant B, under the Plaintiff’s implied permission, occupied and used the land of this case, including the land of this case E and D, as well as 1,183 square meters (hereinafter “G”) adjacent to F during the instant lease period.

C. Defendant B, without the Plaintiff’s consent or permission, ordered on each of the lands of this case.

(i) install unauthorized sandbrid position panel roof buildings, containers, plastic houses, etc. as indicated in paragraphs (iii) through (d).

Defendant C above C

F.As set forth in subsection f.

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