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(영문) 부산고등법원 (창원) 2018.07.26 2018나10909

토지인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

The reasoning of the court concerning this case, including the acceptance of the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance, except for the following parts being cited or added. Therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of

[Supplementary or added parts] The part of the first instance judgment No. 8 No. 3, which added “B No. 20” to the evidence described in the 7th page No. 19 of the first instance judgment, is to read as “A continuous farmer was found to have continued without compensation, and from around 2002, he was to bear the tax imposed on the land of this case and the food materials, etc. provided at a superscopic meeting,” and to read as “The continuous farmer was found to have resided and resided in the land of this case” and the part of the first instance judgment No. 8, No. 15 to No. 16, No. 8, No. 17, of the first instance judgment to read as “(the defendant is deemed to have contributed greatly to the production of the land of this case and the growth of the value of the land of this case through the cultivation of the land of this case.”

(1) On the 11th page of the judgment of the court of first instance, the following determination is added. [Inasmuch as the instant lease contract was terminated due to the Defendant’s breach of contract, as seen above, the Defendant cannot exercise its right to purchase the ground property (see, e.g., Supreme Court Decision 2003Da7685, Apr. 22, 2003).] The Defendant’s assertion on this issue is without merit without further need to determine.

[] The judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.