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(영문) 의정부지방법원 2018.10.12 2018나205897
토지인도
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasons why the court of first instance’s quoted trial is to be stated are as follows, except for the Defendant’s assertion that is emphasized by the trial of the court of first instance, and partial modification is identical to the reasons of the judgment of the court of first instance. Thus, it is acceptable as it is in accordance with

2. Amending the “lease” of No. 13 on the 2 side of the parts added and modified to “Lease” to “Lease.”

4 The 4th page 16 changed from “A” to “A” 1, 2, 4, and 4.

6 The deletion of “(not the H Appraisal Office)” of the 12th through 16th shall be made and the following shall be added to not more than 17th:

The defendant asserts that the clause on the lawsuit of this case concerning the removal of warehouse of this case and the removal of trees is null and void in violation of Articles 652 and 643 of the Civil Act, which are mandatory provisions, because the provision on the lawsuit of this case concerning the removal of warehouse of this case and the removal of trees is null and void in violation of Articles 652 and 643 of

According to Articles 3(3) and 3(4) of the instant lease agreement, it can be acknowledged that the Defendant’s removal of the warehouse after the termination of the instant lease agreement, and waiver of all rights, such as beneficial expenses, necessary expenses, and request for purchase, after the termination of the lease agreement. There is room to regard the said agreement as an agreement to exclude the landowner’s right to purchase the building as stipulated in Article 643 of the Civil Act.

On the other hand, since Article 643 of the Civil Act on the right to demand purchase of a lessee is a mandatory provision, it is not effective for the lessee to be disadvantageous to the lessee as an agreement violating this provision. Thus, the issue of whether the agreement is unfavorable to the lessee should be based on the terms and conditions of the relevant contract itself. However, if special circumstances can be acknowledged that the lessee cannot be deemed disadvantageous to the lessee by comprehensively taking into account the details of the contract, overall circumstances, etc.

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