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(영문) 대전지방법원 홍성지원 2018.01.09 2017가단2427
건축물 철거 및 토지 원상회복인도 등
Text

1. The defendant shall remove the buildings listed in the attached list 5 to the plaintiff.

2. The defendant shall set forth the annexed list 1 to 4.

Reasons

1. Basic facts

A. On March 29, 2002, the Plaintiff acquired each ownership of each of the lands listed in the separate sheet 1 through 4 (hereinafter “each of the instant lands”) on the grounds of inheritance by agreement and division as of February 7, 1998.

B. On June 28, 2006, the Defendant acquired the ownership of the building listed in the attached Table 5 (hereinafter “instant house”) on the ground of sale as of June 27, 2006.

C. On December 1, 2006, the Plaintiff and the Defendant concluded a lease agreement with respect to each of the instant land (hereinafter “instant lease agreement”).

Land lease contract - The land owner and the defendant have no contact after the prior death in the course of the sale of the instant house is only a hot spring, and the damage or unjust enrichment arising therefrom are reserved separately, and the plaintiff and the defendant shall enter into a contract as follows:

2. Term of lease: Five years from December 1, 2006 to December 31, 2011.

3. Lease fees (1) even if 80 km per even though one million U.S. dollars for a day is multiplied by a day. (2) When the total amount is less than one million won, it shall be collected as one million won and remitted.

(5) The primary works to be taken by the defendant shall be performed at his/her own responsibility on the well-being of the guard.

At this time, the expenses are not related to paragraph 1 of this Article.

In other words, [the sum total of 80 kgs multiplied by one day = land rent].

5. The defendant shall not grant any standing timber, tree, building, processing, or sub-lease, and in particular, shall transfer land to its original state, taking full responsibility for purification of soil and drinking water pollution prevention caused by carrying livestock excreta into the original state.

The Plaintiff asserted against the Defendant that “The Defendant did not pay the rent from January 1, 2010, notwithstanding the instant lease agreement,” and applied for a payment order as Seoul Northern District Court 2012 tea1812, and the said court on April 5, 2012, stated that “the Defendant was the Plaintiff at KRW 2.4 million and the original copy of the instant payment order from January 1, 2010.”

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