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1. Defendant B:
A. The attached appraisal marks 1, 2, 3, 4, and 1, among the area of 992 square meters of the D forest land in ASEAN-si.
Reasons
1. Basic facts
A. On May 1, 2009, the Plaintiff entered into a lease agreement with Defendant B on the rent of KRW 600,000 per annum and the lease term of KRW 600,000 per annum from May 1, 2009 to April 30, 201 (hereinafter “instant lease agreement”). Defendant C jointly and severally guaranteed the Defendant B’s obligation under the said lease agreement.
B. While the Plaintiff had renewed the lease contract with Defendant B even after the expiry of the above lease term, the Plaintiff notified Defendant B of the termination of the instant lease contract by delivering a copy of the instant complaint to Defendant B, who would pay only KRW 600,000 of the annual rent of KRW 4,200,000 for seven years from May 1, 2009 to April 30, 201, from May 1, 2011 to April 30, 201, and would not pay the remainder. The said warden reached Defendant B on December 12, 2016.
C. Meanwhile, as of May 1, 2009, Defendant B occupied the forest of this case from May 1, 2009, and occupied the relevant part by installing a dog and container, etc. in part of the forest of this case as of the closing date of pleadings, such as the attached appraisal map as at
[Ground of recognition] without any dispute, entry and video of evidence Nos. 1, 2, and 4, and the result of this court’s request for surveying and appraisal of an A mountainous district company of the Republic of Korea Land and Information Corporation, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated on December 12, 2016 by the Plaintiff’s notice of termination on the ground of the delayed payment of annual rent by Defendant B. As such, Defendant B is jointly obligated to remove each unit of the instant forest and land and the container, etc. on the ground of the instant forest as described in paragraph (1) of the order to the Plaintiff, collect the objects from the Plaintiff, and deliver the said forest and land. The Defendants jointly and severally have the obligation to deliver the said forest and land, and the said amount is KRW 3,60,000 (= KRW 4,200,000 - 60,000) and the amount is KRW 60,000 after each due date.