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(영문) 대구지방법원 2016.07.21 2015가합206915
토지인도
Text

1. Defendant G, among each land listed in the separate sheet Nos. 1, 1, 2, 3, 4, and 1, shall take precedence over the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each land indicated in the separate sheet No. 1, and Defendant G is the lessee who has leased part of the above land from the Plaintiff, and the remaining Defendants are those who leased each vinyl house on the ground of the leased land from Defendant G.

B. On October 25, 2008, the Plaintiff leased approximately KRW 1,700 (hereinafter “instant land”) among each land listed in the attached Table 1 list to Defendant G by setting the lease deposit of KRW 40,000,000, monthly rent of KRW 3,900,000, and the lease term of KRW 25,000 from October 25, 2008 to October 25, 2010 (hereinafter “instant lease contract”). The said contract is renewed twice, and the final termination date of the said lease contract is October 24, 2014.

C. Article 3 of the instant lease agreement provides that “The lessee may not change the purpose of use, etc. of the instant land without the consent of the lessor or sub-lease or offer security, and use it for any purpose other than the purpose of lease.”

Defendant G installed each of the instant greenhouses for agricultural use (hereinafter “each of the instant greenhouses”) on the ground of the instant land, as shown in the attached Form 2 (the current status of the instant land and the vinyls, see the attached Form 3), and leased each of the instant greenhouses to the remaining Defendants without the Plaintiff’s consent, as stated in the purport of the claim. Accordingly, the Defendants occupied each of the said vinyls and run the flower retail store selling in productive, seedlings, pots, etc.

E. The Plaintiff, whose lease term expires, attempted to consult with Defendant G on the increase of monthly rent, etc., but did not have been sexually dead. Accordingly, on October 22, 2014, the Plaintiff sent to Defendant G a certificate to the effect that the instant lease contract is terminated, and reached the above Defendant at that time.

F. On October 31, 2014, the Plaintiff terminated the instant lease agreement to Defendant G on the grounds of the termination of the lease term, the expiration of the lease term, and the illegal transfer of Defendant G.

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