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1. The defendant is against the plaintiffs:
(a) Attached Form 1, 2, 3, 4, and 1, respectively, on the ground of 1170 square meters above the 1,2, 3, 4, and 1, Gyeyang-gu, Ansan-si.
Reasons
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽2, 5호증(가지번호 포함)의 각 기재 또는 영상, 변론 전체의 취지 망 E 소유의 안산시 상록구 D 전 1170㎡(이하 ‘이 사건 토지’)에 관하여, 2001. 7. 20. 원고들(망 E의 배우자, 자녀) 명의로 상속을 원인으로 한 소유권이전등기가 마쳐졌다.
① On September 12, 2007, Plaintiff B and the Defendant concluded a lease agreement with the lease deposit of KRW 5 million per annum, KRW 5 million per annum, and the lease term from October 1, 2007 to September 30, 2010.
② On September 27, 2010, Plaintiff B and the Defendant changed the annual rent to KRW 5.5 million, and around September 2012, the annual rent to KRW 6.5 million. On October 1, 2014, Plaintiff B and the Defendant confirmed on October 1, 2014, “this contract is the last extension contract extending the lessee’s use of land and project, so that no damage may be inflicted on the lessee’s use of land and project, and no longer any extension contract shall be restored to its original state until September 29, 2016,” and the renewal contract was concluded on September 30, 2016.
The Defendant did not pay the annual rent of KRW 6.5 million in 2015, and the Plaintiffs, after July 9, 2016, notified the Defendant that no longer any extension contract exists, and requested the Defendant to transfer the instant land.
The Defendant, while carrying on landscaping business by planting trees on the instant land, installed a vinyl of 158 square meters in the part (B) of the ship connecting each point of the (A) section of the attached drawing Nos. 1, 2, 3, 4, and 1 in sequence, and the part (B) of the attached drawing Nos. 5, 6, 7, 8, and 5, connected each point of the (B) section of the attached drawing Nos. 1, 2, 3, 4, and 1. On the instant land, the trees listed in
2. Claim and summary of judgment: (a) the Plaintiffs asserted that the lease of this case expired on September 29, 2016; and (b) sought unjust enrichment from the transfer and restitution of the land of this case, delayed rent (2015 minutes), and the payment of unjust enrichment from the rent, the Defendant may carry the cost from the land of this case, which is the green belt.