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1. On March 27, 2017, the Defendant shall deliver to the Plaintiff the amount of 4,430 square meters prior to Macheon-si, Seocheon-si.
2. The plaintiff's remaining claims.
Reasons
1. The Plaintiff (1) entered into a lease agreement with the Defendant (Lessee) on March 26, 2009 with respect to the land owned by the Plaintiff (Lessee) with respect to 4,430 square meters (hereinafter “instant land”).
Article 1:Period of Lease of Land from March 26, 2009 to March 26, 2014
Section 2. Lease of the above land shall be limited to seedlings, ornamental trees and vegetables for the purpose of leasing them.
Section 3. The rent of the above land shall be payable to the lessee one percent (1.1 million won) per year during January of the lease year. If the rent is not paid during the lease, the lessee shall be deemed to have waived the rent, the land shall be deemed to have been restored, and the owner, i.e. the lessee may use the land at will.
§ 4. When the lease period of the above land is extended, the lessee and the lessee shall be bound to renew the contract under agreement.
Article 5. The Lessee shall bear the costs of restoring the above land to its original state during its use, in addition to rents.
(2) The Defendant, for the purpose of selling the instant land, has planted and managed various types of trees, such as class trees, pine trees, tree flag trees, tree flag trees, mountain flag trees, etc.
(3) On March 26, 2014, the Plaintiff verbally notified the Defendant that he/she would refuse to renew the lease agreement three months prior to the expiration of the said period, and the Plaintiff separately notified the Defendant of the termination of the lease agreement in writing on February 28, 2014.
(4) However, the Defendant requested the Plaintiff to extend the lease contract for one year for the relocation of planted seedlings, etc. on the instant land.
Accordingly, the Plaintiff and the Defendant agreed to extend the lease contract by setting the annual rent of KRW 2.5 million. On December 6, 2014, the Defendant paid the Plaintiff rent of KRW 2.5 million for the year 2014 (from March 27, 2014 to March 26, 2015).
(5) In other words, on March 17, 2015, the Defendant again filed a rent of KRW 2.5 million with the Plaintiff in 2015 (from March 27, 2015 to March 26, 2016).