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Reasons
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(영문) 의정부지방법원 2019.01.09 2017가합51501
과수목 및 토지인도 청구등
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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a)(1) Each land listed in Schedule 1 to 3;

Reasons

1. Determination on the main claim

A. Basic facts 1) Since around 1965, Nonparty C owned each of the lands listed in [Attachment 1 List 1 to 3 among each of the lands of this case, and caused Nonparty C, his father and Nonparty D, one’s father, to planting and manage it on each of the lands of this case. Nonparty C, who was Nonparty C, donated each of the lands listed in [Attachment 1] List 1 to 3 on December 26, 1989 and completed the registration of ownership transfer on December 28, 1989, and decided D to manage it as before and after it was donated on December 28, 1989 with the completion of the registration of ownership transfer on each of the lands of this case. 2) D, around November 2003, determined that the lease contract of this case was annual, 400,000 won and less than the lease deposit (hereinafter “the lease contract of this case”).

3) D Around September 10, 2004, died of D (hereinafter “D”) (hereinafter “the deceased”).

(4) On July 21, 2016, the Plaintiff’s mother sent to the Defendant, on three occasions on December 13, 2016, and December 22, 2012, the instant lease agreement was terminated, and the Plaintiff’s mother sent to F a certified mail indicating that the land and trees listed in [Attachment I] Nos. 1, 1, 4 are transferred to F.

5) On December 15, 2016, the Defendant deposited KRW 7,300,000 as annual rent for the year 2017 of the instant lease agreement (i.e., cash KRW 5,500,000 and KRW 1,800,000 converted into cash for the reported return of KRW 5,50,000 and KRW 1,800,000,000). The Plaintiff reserved an objection and received it. In addition, on December 8, 2017, the Defendant deposited F as the recipient, again deposited F as the annual rent for the year 2018 of the instant lease, and the Defendant calculated the deposit of KRW 6,70,00 as cash (i.e., cash KRW 5,500,000 and KRW 1,200,000 converted into cash for the reported return of KRW 5,500,000 and KRW 1,200,000).

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