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1. The defendant
(a) collect trees on the ground of 12,429 square meters prior to Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and deliver the said land; and
Reasons
1. Facts of recognition;
A. From January 1, 2016 to March 30, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the rent of KRW 2 million per annum (hereinafter “instant lease agreement”) with the term of lease from January 1, 2016 to March 30, 2017, and the Plaintiff transferred the instant land.
B. The Plaintiff and the Defendant, upon the expiration of the term of lease, transferred the trees planted on the instant land to the Defendant, and if the Defendant did not transfer them, the agreement includes an agreement to pay 10,000 won per day until the Defendant collected the trees (hereinafter “instant agreement”).
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. According to the above findings of the determination on the cause of the claim, the Defendant is obligated to collect the planted trees and deliver the instant land inasmuch as the instant lease agreement has expired due to the expiration of the period, barring special circumstances, barring any special circumstance, and to pay the amount calculated at the rate of KRW 100,000 per day from April 1, 2017, the day following the expiration of the instant lease agreement, to the day of completion of the collection of the above trees.
3. Judgment on the defendant's assertion
A. The Defendant asserts to the effect that on December 31, 2017, the Defendant did not bear any obligation under the instant lease agreement because he/she transferred the trees planted on the instant land to D and succeeded to the lessee status of the instant lease agreement.
B. We examine the judgment, even if the Defendant transferred the status of lessee of the instant lease agreement to D, Article 629 of the Civil Act provides that the lessee shall transfer the right or sublease the leased object without the consent of the lessor.