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(영문) 대전지방법원서산지원 2017.12.12 2017가단53045
시설물수거 등
Text

1. The defendant shall be the plaintiff.

(a) remove 2 containers listed in the annexed sheet on the land of 440 square meters in Seosan-si, Seosan-si.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1, Gap evidence 2, and Eul evidence 3, the plaintiff and the defendant entered into a lease contract with regard to the rent of 30,000,000 won per month with respect to the land of 440 square meters (hereinafter "the land of this case") around October 23, 2003, from October 23, 2003, from the lease term of 30,000 won per month, from October 23, 2003, and from the lease contract with respect to the land of this case, when the contract expires instead of the lease deposit without the lease deposit, the lease of this case was implicitly renewed after the termination of the contract term, and the plaintiff notified the defendant of the termination of the lease of this case on March 3, 2017, and the defendant was ordered to cancel the lease contract of this case on the land of this case after the conclusion of the lease contract of this case.

The construction of the building stated in the subsection (hereinafter referred to as the “instant building”) has been completed, and the Defendant may recognize the fact that two containers and containers listed in the attached Table are installed on the ground of the instant land.

According to the above facts, the instant lease contract was implicitly renewed, and thus, pursuant to Articles 639(1) and 635 of the Civil Act, the Plaintiff, a lessor, was terminated upon the lapse of six months following the notification of the termination of the instant lease to the Defendant around March 2017.

Therefore, the defendant is obligated to deliver the land and buildings of this case to the plaintiff and remove 2 containers and containers listed in the attached Table to be installed on the ground of the land of this case.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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