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1. The defendant shall be the plaintiff.
(a) deliver each land listed in the separate sheet No. 1;
(b) the land listed in Appendix 1 List 1.
Reasons
Basic Facts
On September 17, 2008, C Co. and the Defendant entered into a lease agreement with the Defendant, setting the lease term from November 13, 2008 to November 12, 2013, wherein C Co., Ltd leases the instant land to the Defendant for five years. On February 6, 2013, C Co. and the Defendant entered into a lease agreement with the Defendant setting the lease term of the instant land for three years from January 1, 2013 to December 31, 2015.
The Defendant occupied the instant land by taking over it in accordance with the above lease agreement, and installed a vinyl house in each steel framed as stipulated in Article 1(b) and (c) of the order on the instant land.
(hereinafter collectively referred to as “instant structure”. On May 6, 2015, October 12, 2015, and December 15, 2015, the content certification was sent to the Defendant, under the Plaintiff’s name, to the effect that: (a) there was no intention to conclude a lease contract for the instant land; and (b) the Defendant requested the restoration of the instant land upon the expiration of the lease term.
In addition, on May 31, 2016, in the name of C company, a content certificate was sent to the Defendant to the effect that “the Defendant shall commence legal procedures after the lapse of June 10, 2016, since it was notified three times that there was no intention to conclude a lease agreement on the instant land,” and that “the Defendant shall proceed with legal procedures after August 20, 2016, since it was discussed several times on the lease contract, but it did not comply with the terms and conditions of the contract,” and on August 11, 2016, a content certificate was sent to the effect that “the Defendant shall proceed with legal procedures after August 20, 2016.”
[Reasons for Recognition] Fact-finding, Gap's evidence Nos. 3, 4, and 9, and the plaintiff asserted the purport of the whole pleadings, under the premise that the plaintiff is the owner of the land of this case and the party who entered into a lease agreement on the land of this case with the defendant, or the right to claim for exclusion of