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(영문) 전주지방법원군산지원 2017.06.20 2016가단51489
토지인도
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a person who owns each land listed in the separate sheet (the land listed in paragraph (1) of the attached Table 1, the land listed in paragraph (2) of the attached Table 2, the “instant chest land”, and each land listed in the attached Table 1).

around 1985, the Plaintiff leased 2,200 square meters to the Defendant of the instant Go-gu land, and 250 square meters out of the breast land of this case under the following conditions:

(C) The lease contract period: The lease contract period: 200 won per annum (pre-paid on December 31, 1989): The lease contract period shall not be sub-lease all the leased land to any other person without the lessor’s permission, and the lease contract shall not be sub-re-developed, and if the lease contract is violated, the lessor shall not be returned to the lessee.

B. The Defendant constructed each of the instant warehouses on the land of the Go-gu in this case, and constructed the instant breeding house on the land of the chest in this case, and used the leased part on the land of the Go-gu in this case as the Go-gu cultivation area, and the leased part on the land of the chest in this case as the chest farm.

The Defendant used the leased part of each of the instant lands even after the expiration of the contract term stipulated in the instant first lease agreement, and the Plaintiff did not raise any objection thereto.

On May 2, 2008, the Plaintiff sought removal and delivery of the land occupied by the Plaintiff, stating that the contract term under the instant first lease agreement has expired against the Defendant, and each of the instant warehouses and the instant breeding farms was constructed without the lessor’s permission, and that the Defendant violated the instant first lease agreement.

On May 18, 2010, the Plaintiff sent a certificate of content to the Defendant to the same effect.

In addition, on December 2, 2013, the Plaintiff pertaining to the instant chest land to the Defendant.

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