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(영문) 의정부지방법원 2017.08.18 2015가합50337

토지인도

Text

1. The Plaintiff:

A. Defendant F Co., Ltd. shall indicate 1, 2, 3, 4, 5, among the lands listed in the attached list No. 3.

Reasons

1. Basic facts

A. On December 1, 1998, the Plaintiff leased to Defendant C the land indicated in the separate sheet owned by the Plaintiff (hereinafter “instant land”) to KRW 10 million, monthly rent of KRW 1 million, and KRW 1 million.

(Attachment List No. 4 was the same as 3,908 square meters. Among them, 400 square meters were divided into G on September 5, 2011, the current area was reduced. Defendant C established Defendant E on December 8, 1998 and operated waste collection, transportation, disposal, etc., and used the instant land as the waste storage yard for Defendant E.

B. On March 21, 2009, the Plaintiff leased the instant land to Defendant C’s wife Defendant B with a deposit of KRW 20 million, and monthly rent of KRW 1.7 million.

(hereinafter “instant lease agreement”). At the time, Defendant B was working as the representative director of Defendant E, and even thereafter, the instant land was still used as the waste storage yard of Defendant E.

C. Around March 201, the instant lease agreement expired due to the expiration of the lease term, but Defendant E was unable to dispose of construction waste, etc. located on the instant land.

Defendant E ceased to perform waste disposal work on October 25, 201 due to the default on payment and came to end on December 31, 201.

On June 5, 2013, Defendant C established Defendant F and started to dispose of wastes accumulated by Defendant E. However, there was an additional discovery that there was approximately 31,809 tons of construction wastes in the land listed in the attached Tables 3 and 4 and the land adjacent thereto owned by the Plaintiff (hereinafter “instant landfill”).

The Plaintiff discovered the instant landfill wastes from October 15, 2014, and stored them on the instant land along with the existing construction wastes, etc., Defendant E accumulated. However, the total quantity of wastes stored at the same time was approximately 56,809 tons (based on January 22, 2015).

Accordingly, Defendant F declared that he will no longer perform the waste treatment work.

(e).