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(영문) 대전고등법원 2016.08.12 2015나1190

매매대금 등

Text

1.The part against the defendant in the judgment of the first instance, including any claim extended in the trial at the trial, shall be modified as follows:

Reasons

1. Facts of recognition;

A. On May 17, 2010, the Plaintiffs entered into a lease agreement with the Defendant to lease each real estate listed in the separate sheet No. 1 (hereinafter “instant land”). The Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the period of lease from May 17, 2010 to May 16, 2012, to lease KRW 70 million (hereinafter “the instant lease agreement”) with the Defendant by setting the respective real estate listed in the separate sheet No. 5, 924 square meters as indicated in the separate sheet No. 1, Table No. 5, 924, 51 square meters before subdivision; and the following special agreement was concluded on September 24, 2013 (hereinafter “instant lease agreement”).

Matters of special agreement

1. The lessee shall complete the molding by April 30, 2012 after collecting ordinary sand, and shall set up at a height of one meter above the present height of land;

(2) The lessor shall submit to the lessee all documents necessary for authorization and permission for sacrine gathering. (3) The lessor shall return to the lessee all documents.

3. Even if leased land is legally disputed or sold, the lessee's rights during the lease period shall continue to be maintained;

4.The fixed two terms on the present leased land shall be restored to its original state before the expiration of the term of lease.

5.The rent of KRW 70 million shall be paid in one-year lump sum.

B. On April 2012, the Defendant issued the instant land to the Plaintiffs following the instant land:

(c)bee;

The same kind of articles as described in the paragraph has been re-issued and delivered.

C. Of the instant land, the land of this case, the sum of KRW 5,274 square meters in size from the ground surface to the lower below the ground surface, is divided into gravel and stone, and as stipulated in the instant special agreement, the expense of KRW 116,50,000 is required to replace that part of the depth from the ground surface with soil not mixed with gravel or stone.

Of the instant land, the part of the size of 5,060 square meters in depth from the ground surface to the gravel and miscellaneous.