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1. The defendant
(a) 23 glus and trees indicated in the annexed Form No. 23,054 square meters on a piece of 2,054 square meters before Sejong-si;
Reasons
1. The defendant's possession;
A. On December 26, 2013, the Plaintiff leased the land indicated in the Disposition No. 1-A to the Defendant the period up to December 25, 2016, with the rent of KRW 3.6 million.
B. The Defendant occupies the land above while planting and managing tree 23 girs and tree seedlings on the land as shown in the attached Form.
[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings
2. Determination
A. The above lease contract was terminated due to the lapse of the three-year lease period. Accordingly, the Defendant is obligated to collect pine trees and tree seedlings on the said land and deliver the said land to the Plaintiff. 2) The Defendant concluded a lease contract under the condition that the said land will be incorporated into the railroad site, and the said contract is merely an act of needing a summary.
According to the evidence No. 2, the plaintiff and the defendant in the above lease agreement can be acknowledged as having made a special agreement that "the prop shall not be responsible for the waiver of the contract due to road conditions during the lease period."
Meanwhile, considering the fact that the term of the contract is three years until December 25, 2016 and the three-year rent is three years, the above special agreement is concluded to the effect that even if there are circumstances, such as incorporation into the road before the three-year lease period expires, the above special agreement shall not be held liable to the Plaintiff, and the defendant may continue to use it even after the above three-year lease period expires.
Nor can it be viewed to the effect that the lease contract continues.
3) The Defendant asserts that the term of lease is five years. Although the term of lease was stipulated in the Defendant’s certificate No. 1 as of December 25, 2018, the term of lease was stipulated as “five-year land million won” in the column of the said contract, it was deleted and indicated as KRW 3,600,000 above, and it was based on the monthly rent of KRW 10,000.