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(영문) 광주지방법원순천지원 2019.04.24 2018가단79473
토지인도
Text

1. The defendant,

A. The Plaintiff collected trees planted on the ground of 737 square meters in Macheon-si, Macheon-si, D, and the said land.

Reasons

1. Basic facts

A. On March 16, 2016, G shares were transferred to the Plaintiffs on September 19, 2016, and around July 20, 2018, Plaintiff A’s order was issued under the Plaintiff’s ownership.

The land mentioned in paragraph (1) and the disposition of the plaintiff B-owned.

The two parcels were subdivided into the land indicated in the port (hereinafter referred to as the “instant land”), respectively.

B. On March 30, 2013, H and I: (a) leased the land before subdivision and the 2,568 square meters J-si, Y-si, in a annual rent of KRW 2.1 million (payment in January each year); (b) from March 30, 2013 to March 30, 2018; (c) determined to restore the land to its original state after the expiration of the period (hereinafter “the instant lease agreement”); and (d) thereafter, the Defendant planted seedlings on the instant land and managed them.

C. The Defendant paid to I KRW 6,30,000,000,000,000 for the rent by March 30, 2016, respectively.

[Ground of recognition] Facts without dispute, Gap 1's evidence 1 to Gap 2, Eul 1's evidence, Eul 2's evidence, Eul 5's evidence, the purport of the whole pleadings

2. Determination on the grounds of claim on the grounds of termination of a lease agreement

A. Regarding the plaintiffs' assertion that the defendant occupied the land of this case without permission, the defendant asserts that the plaintiffs succeeded to the lease contract of this case.

As to this, the plaintiffs did not succeed to the lease contract of this case, and even if they succeeded, the lease contract of this case is terminated or terminated by the expiration of the period of two years (2017, 2018). Thus, the defendant asserts that the defendant is obligated to collect trees and deliver land to the plaintiffs.

B. In full view of the overall purport of the pleadings in each of the records Nos. 1, 1, 3, and 4, the Defendant is the difference between the Plaintiff and the Plaintiff until March 30, 2018 regarding the land before division.

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