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(영문) 창원지방법원 2018.10.12 2017나61017

토지인도

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1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall be the Plaintiff-Counterclaim Defendant, attached Form 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Facts of recognition;

A. The forest land listed in [Attachment 1] Paragraph (1) of [Attachment 1] is deemed as the forest land of this case (hereinafter “instant forest land”).

) 및 같은 목록 제2항 기재 주택, 이 사건 임야 중 별지 2 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 차례로 연결한 선내 ㈎부분 43㎡ 지상 블록조 슬레이트지붕 창고(우사), 같은 도면 표시 ㅁ, ㅂ, ㅅ, ㅇ, ㅁ의 각 점을 차례로 연결한 선내 ㈏부분 66㎡ 지상 블록조 슬레이트지붕 창고(이하 위 건물 3동을 합하여 ‘이 사건 임대건물’이라 한다

(3) The answer set forth in Appendix 1 List 1 List 3 (hereinafter referred to as “instant reply”).

(2) On July 22, 1994, E, the owner of the instant forest, including the wifeF and the Plaintiff, succeeded to the instant forest, from the time when E, who cultivated an orchard in the forest and field, died, and the instant leased building was left abandoned for several years from the time when F, who resided in the instant forest and leased building, was to Busan to the time when F, who was residing in the instant building, was to the time when the Defendant leased the instant forest and leased building, as seen below.

3) On October 30, 2008, the Defendant concluded a lease contract between the Plaintiff and the Plaintiff on October 30, 2008 to lease the instant forest land and the instant leased building under the Defendant’s wife G’s name (hereinafter “instant lease contract”), and the contract form “instant lease contract 1”.

A) A contract for the lease of real estate was concluded. The rent of KRW 100,000 shall be paid on January 1 each year. Article 2(Duration) shall be delivered to the lessee by October 31, 2008 in the condition that the said real estate can be used and used for profit-making as the object of the lease, and the term of the lease shall be from the date of delivery to December 31, 2013.