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(영문) 부산지방법원 2018.06.28 2017가단304389
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,690,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from December 16, 2016 to February 14, 2018.

Reasons

1. Basic facts

A. On April 23, 2016, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to lease the land and buildings on the land and the ground (hereinafter “instant real estate”) in the Gyeongnam-gun, Busan-gun, and D (former parcel number: E and F) (hereinafter “instant camping site”) as a joint venture (hereinafter “instant contract”). The main contents of the instant contract are as follows.

1) The term of a contract: From May 1, 2016 to April 30, 2025, the Plaintiff leased the instant real estate to the Defendant, and the Defendant operates and manages the said ground property (including the ground property).

3) The Plaintiff provided only infrastructure for authorization and permission (such as stores, toilets for men and women, management rooms for men and women, shower rooms for men and women, repair rooms, shelter spaces, underground water, and buildings) to carry on the cryping site business, and the facilities for subsequent operation and management, such as electricity, pipes, and straw, within the camping site, shall be the Defendant. 4) The distribution of profits shall be allocated to the Plaintiff (10%) until April 2017, the Defendant (90%) to the portion of accommodation charges (total sales), the Plaintiff (20%) from May 2017, and the Defendant (80%) to each (80%).

5) In principle, the Defendant shall operate and manage the Oral Campping site directly by the Defendant in the instant real estate. 6) If it is determined that the Defendant’s operation is difficult due to the Plaintiff’s problem in the operation of the Karaba team, the Defendant may immediately revoke the

7) The Plaintiff may inspect the account books related to accommodation in the contract site with the Defendant in the name of the Defendant. 8) The Plaintiff cannot participate in all operation of the Plaintiff while operating the business in the name of the Defendant. All civil and criminal matters arising from the instant real estate are liable to the Defendant, and the Plaintiff cannot be treated as the Plaintiff.

9 At the end of the contract, the rights and obligations of the Defendant with respect to the ground objects and facilities which are impossible to be removed if they are not removed in principle or otherwise, are vested in the Plaintiff.

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