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(영문) 춘천지방법원 2019.03.27 2018나52348
토지인도
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. On May 24, 2010, the Defendant: (a) leased each parcel of land stated in the purport of the claim from the Plaintiff from May 24, 2010; and (b) installed a vinyl house on the part (a) and (c) above the ground of the claim.

[Ground of Recognition: Facts without dispute, Gap evidence 1, 2, 4, 5, Eul evidence 1 and 5 (including the number of evidence A) and the video, the result of the measurement and appraisal commission to the Korea Land Information Corporation in this Court, the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion ① The lease of this case terminated upon the expiration of the period on May 24, 2016 due to the Plaintiff’s declaration of refusal to renew the lease.

② Even if the Plaintiff’s declaration of refusal to renew the lease of this case was invalid, the lease of this case was terminated.

Therefore, the Defendant is obligated to remove the vinyls on the ground of each land of this case and deliver the land of this case.

B. In full view of the facts that the Plaintiff’s assertion was examined prior to the determination of the judgment, the absence of dispute, and the purport of the entire pleadings, the Defendant, regardless of the termination of the lease of this case, can be found to have voluntarily removed the vinyl of each of the lands of this case and delivered each of the lands of this case to the Plaintiff. Thus, the Plaintiff’s claim

3. The plaintiff's claim for conclusion must be dismissed.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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