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(영문) 대구지방법원김천지원 2019.11.06 2019가단31371
토지인도
Text

1. The defendant shall be the plaintiff.

(a)payment of KRW 2,000,000;

(b) remove and remove movable property listed in the separate sheet (2);

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, and 2-1, 2-2, 3-1, 1-2, 3-1, 3-1, 3-9; and (c) evidence Nos. 3-1, 3-9.

On September 1, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the annual rent of KRW 500,000, and the lease period from September 1, 2014 to December 31, 2023, with respect to the instant land, Kimcheon-si, Kimcheon-si, 2456 square meters, D, 201 square meters (hereinafter “each of the instant land”), and the plastic houses on each of the instant land (hereinafter “instant plastic greenhouse”).

B. The defendant takes delivery of each of the instant land and vinyls, and is listed in the attached list (2) in the instant vinyl house.

A facility of subsection (2) shall be installed, and a list (2) of each land of this case shall be listed.

The port facilities (hereinafter referred to as "each of the facilities of this case") were installed to cultivate crops, such as earth and sand.

C. Meanwhile, the Plaintiff filed the instant lawsuit claiming that the instant lease contract was terminated on the ground that the Plaintiff did not pay a rent of KRW 500,000 each year under the instant lease agreement, at least two years since the Plaintiff was not paid a rent. On March 26, 2019, a duplicate of the instant complaint was served on the Defendant.

At present, each of the lands and greenhouses of this case remains in each of the facilities of this case.

2. According to the facts found in the judgment as to the cause of the claim, the lease contract of this case was terminated by being served on the defendant with a copy of the complaint containing the plaintiff's intention of termination on the ground of rent delay for more than two years. Thus, the defendant collected and removed each of the facilities of this case due to the cancellation of the lease contract of this case to the plaintiff, barring special circumstances.

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