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(영문) 대전지방법원홍성지원 2019.01.16 2018가단2219
토지인도
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 28, 2011, L (Death on February 10, 201) which is the Plaintiff’s husband or father of the Plaintiff (the Plaintiff’s husband, etc.) was leased to Defendant J by setting the annual rent of KRW 4 million (i.e., KRW 1,000/1 square x 4,000/1 square x 000, working expenses, Defendant J is responsible for the responsibility of Defendant J, and the period of six years (72 months, by January 28, 201), the period of lease (the date of death by January 28, 201), the annual rent of KRW 3779 square meters (total of KRW 4,023) to be paid in advance every two years.

(hereinafter “instant lease agreement”). B.

After the Defendant J completed the work of cutting trees in the above forest land and inserting them into the land for civil engineering work and ginseng cultivation, Defendant J established ginseng cultivation facilities listed in the attached Table on each of the above land (However, it is unclear whether the area is the same as the attached Table) and cultivated ginseng.

C. Around September 2017, the said N Forest was divided into N Forest 7820 square meters and P Forest 530 square meters and Q Forest 972 square meters, and N forest was converted into a registration conversion into 7792 square meters before RR.

(hereinafter referred to as the “instant land”) D. D.

On May 1, 2017, Defendant J sold ginseng cultivated from the dry field above the instant land to Defendant K, and Defendant K reported that Defendant K was under cultivation of the ginseng above the instant land by being succeeded from Defendant J around July 2017.

E. On October 31, 2018, the Defendants removed the instant ginseng cultivation facilities and delivered land to the Plaintiffs.

F. Defendant J wired the Plaintiff’s account in the name of the Plaintiff C in KRW 6 million each on March 4, 2013, March 2, 2015, and February 7, 2017.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 3-1, 2, Gap evidence 4-1 to 3, Gap evidence 5-1, Gap evidence 8-1, Eul evidence 1, 2, and video, the fact-finding results in the fact-finding with respect to the S cooperatives of this court, the purport of the whole pleadings

2. The plaintiffs' assertion

A. On January 2017, Defendant J requests for the extension of the lease term of nine months for ginseng identification, and the Plaintiffs are the rent price and the rent price.

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