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(영문) 수원지방법원 2018.02.14 2017가단21073
토지인도등
Text

1. The defendant shall appoint the plaintiff (appointed party) and the appointed party E and F:

(a) Appendix 1 attached to the land listed in Appendix 1;

Reasons

1. Facts of recognition;

A. The land listed in the separate sheet No. 1 (hereinafter “instant land”) was owned by G. The Plaintiffs, the designated parties E, and F (hereinafter “designated parties”) completed the registration of ownership transfer on September 13, 2006 on the instant land due to inheritance on August 27, 2005, and currently owned 1/5 shares among the instant land.

B. On June 20, 2012, the Plaintiffs and the designated parties F entered into a lease agreement with the Defendant on the condition that the Plaintiffs and the designated parties F would rent the instant land by setting the period of KRW 2,500,000 (prepaid payment) and June 11, 2017 without a deposit (hereinafter “instant lease agreement”).

C. The Defendant, on the ground of the instant land, installed 4 greenhouses listed in the attached Table 2 (hereinafter “the instant vinyls”) on the ground of the instant land, set up a farming shed, and kept the collection facilities, materials, etc. in the instant vinyls.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-4 (including branch numbers, if any; hereinafter the same shall apply)

(2) each entry and video, and the purport of the entire pleadings]

2. Determination

A. (i) According to the facts found above, the instant lease agreement was terminated on June 11, 2017 as the expiration of the period.

D. In light of the above legal principles, the lessee of the instant lease agreement or the possessor of the instant land, the Defendant, as the lessor of the instant lease agreement or the owner of the instant land, is obligated to remove the instant vinyl, respectively, to the Plaintiffs and the designated parties claiming for the removal of interference with the restoration of the original state or due to the termination of the instant lease agreement, and to remove or gather the collection and materials located in the instant vinyl, and to deliver the instant land to the Plaintiffs and the designated parties, who are the owners of the instant land, from June 12, 2017 to the end of the instant lease agreement.

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