1. The Defendant indicated the annexed drawings 1, 22, 3, 4 and 1, respectively, on the ground of 2,721 square meters in Gyeyang-gu, Gyeyang-gu, Yangyang-gu, Yangyang-gu, the Plaintiff.

1. Basic facts

A. On October 26, 2010, the Plaintiff agreed to the Defendant on October 26, 2010, on the lease of land of 992 square meters (hereinafter “instant land”) on the part of paragraph (1) of the order among the land of 2,721 square meters in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul.

(이하 ‘이 사건 임대차’라 한다). ◎ 연 임료 : 200,000원(선불) ◎ 기간 : 4년 ◎ 이 사건 토지 매각시 하우스 설치비는 임대인이 보상한다.

B. The Defendant, on the ground of the instant land, set up a building as set forth in paragraph (1)(a) and (b) of this case (hereinafter “instant building”) and resided in the said building and went to farming houses.

Since October 26, 2014, the lease of this case was implicitly renewed, and the defendant currently resides in the building of this case and occupies the land of this case.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading

2. Where the judgment on the cause of the claim is implicitly renewed, the parties may notify at any time the termination of the contract, and where the lessor has notified the termination in the land lease, the termination becomes effective after six months from the date on which the lessee has been notified (Articles 639(1) and 635 of the Civil Act). It is evident in the record that the duplicate of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the lease was served on the Defendant on December 31, 2015, and the lease of this case was terminated on July 1, 2016.

Therefore, the Defendant is obligated to remove the instant building and deliver the instant land to the Plaintiff.

3. The defendant's assertion argues that the defendant cannot respond to the plaintiff's claim until the plaintiff compensates the defendant for the construction costs of the building of this case.

In concluding the instant lease agreement, the Plaintiff and the Defendant agreed to the lessor to “the cost of installing the house at the time of the sale of the instant land” is recognized as above.

However, this first agreed lease term (from October 26, 2010 to October 25, 2014).