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(영문) 대구지방법원경주지원 2020.07.22 2019가단11794
토지인도
Text

1. The Defendants are to the Plaintiff:

A. Of the 7,283 square meters prior to G in racing, each point of the attached reference indicated in the table 1, 2, 3, 4, and 1 shall be attached hereto.

Reasons

1. Facts of recognition;

A. On May 23, 1998, the registration of ownership transfer was made in the name of the Plaintiff on the 7,283 square meters and 182 square meters (hereinafter collectively referred to as “instant land”).

(Law of 2 May 22, 1998).(b)

On January 25, 2011, Nonparty Korea Rural Community Corporation entered into a farmland lease consignment agreement with the Plaintiff on a total of 15,645 square meters of farmland, including the instant land. At that time, Nonparty 2 entered into a farmland lease agreement with the Defendant (hereinafter “Defendant”) who had already leased the instant land and cultivated agricultural crops, etc., setting the lease term of the instant land as KRW 3 million for annual rent from January 25, 201 to January 31, 2016. Upon the expiration of the said lease term, Nonparty 2 entered into a farmland lease agreement with the Plaintiff by setting the lease term of three years on March 4, 2016, and again set the lease term of three years between the Defendant and the Defendant (by January 31, 2019) and three million won for annual rent.

(hereinafter referred to as the “instant lease contract”) C.

On the other hand, the Defendant, among the instant land, placed an order on the ground of 7283 square meters prior to G at Sejong-si.

12 greenhouses, such as the entry in the port, are owned by 12 greenhouses (hereinafter referred to as “the instant vinyls”) and one felbial warehouse (the Defendant is a place used as his residence; hereinafter referred to as “instant structure”).

The defendant died on February 24, 2020, while the lawsuit of this case was pending, and his child C, D, E, and F inherited his property.

However, the above inheritor did not file a request to resume the lawsuit, but the plaintiff, the other party, filed a request to resume the lawsuit.

[Grounds for recognition] Each entry or video of Gap evidence Nos. 1, 3, 4, 5, 6, 7, and 10, and the purport of the whole pleadings.

2. The assertion and judgment

A. The lease contract of this case, which determines the plaintiff's claim, has expired on January 31, 2019, and except in extenuating circumstances.

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