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(영문) 춘천지방법원 2018.01.25 2017가단52098
토지인도
Text

1. The defendant shall be the plaintiff.

(a) remove trees on the ground of each real estate listed in the separate sheet 1 to 3; (b)

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 2-1 to 4, Gap evidence No. 3-1 and 2, and there is no counter-proof.

On July 22, 2005, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet Nos. 1 through 3 (hereinafter “instant land”), and completed the registration of ownership transfer with respect to the 4 real estate listed in the separate sheet No. 4 on November 2, 2006 (hereinafter “instant building”).

B. On September 14, 2009, the Plaintiff entered into a lease agreement to lease each real estate listed in the attached list 1 and 2 with the term of lease until September 30, 2014, and the annual rent of KRW 600,000 with the repair cost of the instant building for the term of lease.

C. On September 14, 2009, the Plaintiff entered into a lease agreement with the lessee to lease each of the real estate listed in the attached list 3 and 4 with the lease term until September 30, 2014, and the annual rent of KRW 600,000 is replaced by the repair cost of the instant building during the lease term, and the lease agreement with the lessee to lease each of the real estate at a cost higher than the rent is to be borne by the lessee.

The Defendant is growing trees on the ground of the instant land by planting them.

2. Determination

A. According to the facts of the determination as to the termination of a lease agreement, each lease agreement for each real estate listed in the separate sheet (hereinafter “instant lease agreement”) was terminated on September 30, 2014.

As to this, the Defendant’s assertion that the instant lease agreement was implicitly renewed, and that the Plaintiff notified the termination on September 2015, and that the lease agreement was extended by April 2017 around February 2016.

On September 2015, the Plaintiff expressed his/her intent to terminate the instant lease agreement is the Defendant. In full view of the purport of the entire pleadings in the evidence No. 4, the Plaintiff on February 2016, 2016.

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