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(영문) 대구지방법원경주지원 2016.11.29 2016가단11434

토지인도

Text

1. The Defendant indicated in the attached Form No. 5, 6, 7, 40, 39, 38, 37, 36, 35, 34, 33, 32, 31, among the land size of 701 square meters prior to B in racing-si.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 3, 4, and 7 (including paper numbers) and the whole purport of the pleadings:

On February 28, 2004, the Plaintiff was a school juristic person, and on the lease of 701m2 (hereinafter “instant land”) to the Defendant, which is a profit-making property owned by the Plaintiff, for a period of one year, the lease contract has been renewed for a period of one year (hereinafter “instant lease contract”). B.

In the instant loan agreement, the Defendant uses the instant land for a mushroom growing and dry field growing site, and the Defendant cannot arbitrarily change its purpose of use, and the Defendant shall not install permanent facilities, such as buildings, seedlings, livestock farming, and mushroom growing zone, on the instant land. However, if it is inevitable to install permanent facilities, the Plaintiff’s consent shall be obtained. In such case, the Defendant shall either donate or voluntarily remove the permanent facilities, and the Defendant shall not file a claim for purchase of the facilities installed, and the removal cost required by the Plaintiff shall be deposited, and the Plaintiff shall return the instant land to the Plaintiff upon the expiration of the lease period.

In addition, in order to guarantee the defendant's restoration due to the expiration of the loan period or the termination of the loan contract of this case, the defendant made a special agreement to submit the guarantee insurance policy for the payment of restoration expenses to the plaintiff as the

C. On March 1, 2004, the Defendant newly constructed mushroom farming houses and 646 square meters on the ground of the part of the ship (A) in which the instant land was handed over and connected each point of 5, 6, 7, 40, 39, 38, 37, 36, 35, 34, 33, 32, 31, 30, 30, and 5, and newly constructed mushroom farming houses and 646 square meters on the ground of the attached drawings, and connects each point of 8,9,41, 37, 38, 39, 40, 40, and 8, in turn, concrete 202 square meters on the part (B) connected each point of 42,43, 444, 45, and 45, indicated in the attached drawings.