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(영문) 의정부지방법원 2016.11.18 2015가합1601

지장물 철거 및 토지인도 등

Text

1. As to the real estate stated in the attached list 1 list to the Plaintiff, the Defendant points out each of the attached Form 1 through 11, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each real estate listed in the separate sheet No. 1 (hereinafter “instant land”). The Defendant is a corporation established with the purpose of designing, developing, manufacturing, leasing, and assembling materials for construction.

B. On July 3, 2012, the Plaintiff entered into a lease agreement between the Defendant, setting the monthly rent of KRW 1 million for the instant land (hereinafter “instant lease agreement”) with the Defendant, and the relevant part of the content is as follows.

- - Future - The extension of the lease term under Article 3 (Lease Period) from July 3, 2012 to July 2, 2013 (Extension of the lease term) shall be made by preparing a contract if there is an additional renewed contract three months prior to the expiration of the contract, and the lease contract shall be deemed to be terminated unless there is an additional lessee.

Article 5 (Lease of Building Name) The lessee shall remove all sludges generated in the course of sewage treatment or purification of all sludges occupied in the lessor's land upon termination of the lease contract, and fill and embling them into the first arable land and (hereinafter omitted) Article 6 (Other Matters)

(a) Ownership of the pen frame machinery equipment and devices located in the immovables owned by the lessor is transferred by the lessor from the former lessee B;

(b) If present lessee requests delivery of the machinery equipment as it is necessary to do so after the termination of the lease contract, the lessor shall deliver the equipment to the lessee without compensation.

(Provided, That there is no dispute over the restoration of the land required for farmland cultivation (based on recognition), Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings.

2. The instant lease agreement on the ground of the Plaintiff’s claim was terminated upon the expiration of the period of July 2, 2013, or the Plaintiff expressed his intention of termination by serving a duplicate of the instant complaint even if not, and thus, the Defendant is subject to the termination of the lease contract.