1. The defendant shall be the plaintiff.

A. Of the land size 21,068 square meters in Hanam-si, Hanam-si, each point of the attached Form 1, 2, 3, 4, and 1 is indicated in the order.

Basic Facts

- Of the land size 21,068 square meters owned by the Plaintiff, part 39 square meters inboard connected with each point of 1,2,3,4, and 1 attached drawings among the land size 21,068 square meters owned by the Plaintiff (hereinafter “instant site”) was constructed on the ground of the block structure roof 39 square meters (hereinafter “instant building”).

- On April 11, 2002, the Defendant purchased the instant building from D, the former owner of the instant building, KRW 7,000,000, and thereafter resided in the instant building from that time.

- The Plaintiff leased the instant site to the Defendant on the condition that the Plaintiff was paid the monthly rent of KRW 30,000 from the Defendant for the instant site.

- The Defendant did not pay the Plaintiff the monthly rent of the instant site from August 2015 to the time the instant lawsuit was filed.

[Grounds for recognition] In light of the above facts, based on the facts of the absence of dispute, Gap evidence Nos. 1, 2 and Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply) and the whole purport of the pleadings, the defendant is obligated to pay the plaintiff the rent of KRW 30,000 per month in accordance with the land lease agreement on the site of this case. It is recognized that the defendant did not pay the rent from August 2015. The plaintiff's written brief dated Nov. 22, 2017, which was delivered to the defendant on Nov. 22, 2017, to the effect that the above land lease agreement was terminated on the ground of the delinquency in rent for at least two years. Thus, the above land lease agreement was lawfully terminated.

Therefore, the Defendant is obligated to deliver the instant land to the Plaintiff and remove the instant building constructed on the ground of the instant land.

Judgment on Defendant’s argument

A. The Defendant asserts to the effect that the land lease contract of the instant site was implicitly renewed on January 1, 2018, or that the instant building owned by the Defendant exists on the ground of the instant site, thereby exercising the right to claim renewal of the land lease contract.