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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. As to the part of the underlying facts, the relevant part of the reasoning of the first instance judgment shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the claim for the collection of trees and delivery of land: ① On December 22, 2010 between the Plaintiff and the Defendant, the Plaintiff filed a lawsuit against the Defendant for the payment of rent of KRW 7,000,000 per annum on each of the instant land; the lease term of this case was from December 23, 2010 to December 22, 2015; ② from that time, the Defendant planted pine trees on each of the instant land and planted trees on each of the instant land (hereinafter “the instant trees”); ③ the Defendant failed to pay rent of KRW 7,00,000 per annum on each of the instant land; and the Plaintiff received a final decision of performance recommendation on June 15, 2015 from the Korean District Court in order to obtain a final and conclusive decision on June 19, 2015.
In addition, in full view of the purport of the argument in Gap evidence No. 4, the defendant did not pay rent even after the decision on performance recommendation of this case was made, and on December 22, 2015, the plaintiff sent to the defendant a certified mail to collect the trees of this case and deliver each land of this case, since the lease contract of this case was terminated in violation of the lease contract of this case and the lease term expires on December 22, 2015.
According to the above facts, on December 22, 2015, before the expiration of the lease term, the Plaintiff notified the Defendant of the termination of the lease contract of this case by content-certified mail on the ground of the overdue charge of more than two years, and the notification of such termination shall be deemed to have reached the Defendant around that time.
Although the above termination notice reached after the expiration of the lease term, at the time, the defendant uses the land of this case for the planting of the trees of this case and profits therefrom.