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(영문) 전주지방법원 2018.04.11 2017가단16589
토지인도
Text

1. The defendant shall collect all depths from the plaintiff, and ① collect all depths from each land set forth in the annexed list, and ② above.

Reasons

1. Determination on both arguments

A. A. On April 2014, the Plaintiff leased each parcel of land (hereinafter collectively referred to as “instant land”) released from the attached list to the Defendant on or around April 19, 2014 by setting the rent of 1.5 million won per annum, the lease period, and April 19, 2016. Accordingly, the Defendant has been continuously occupying and using the instant land around that time, and the Plaintiff has been informed the Defendant of the intention to renew the above lease contract on or around January 2016, and there is no dispute between the Plaintiff and the Defendant, and according to the factual relations acknowledged as above, the lease contract on the instant land has already been completed lawfully for a long time, and the Defendant, barring any special circumstance under the agreement contained in the aforementioned written confirmation, collects the entire trees within the instant land and transfers it to the Plaintiff, and return it to the Plaintiff at a rate of 1.5 million won per year from April 16, 2017 to the completion date of delivery of the instant land.

B. As to this, the defendant argues to the effect that (i) the legal act contained in the above letter of confirmation is null and void, and (ii) the plaintiff cannot respond to the plaintiff's claim of this case on account of an difficult circumstance in front of the defendant, but there is no evidence supporting the above first argument, as well as there is no evidence supporting the defendant's internal objection, and the remaining argument of the defendant's internal objection cannot be a justifiable ground to block the plaintiff's claim of this case. Thus, each of the above arguments by

2. Accordingly, the Plaintiff’s claim of this case seeking the fulfillment of each of the above obligations as seen earlier is accepted.

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