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(영문) 창원지방법원밀양지원 2017.11.29 2016가단11150
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver each real estate listed in the separate sheet;

(b) annex.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff and the wife died on July 2, 1994, and the Plaintiff, et al., who were the owner of the instant land, on the following order: (a) the block structure structure, strawle structure, strawle structure, 7, 87, 80 square meters on the ground of 43 square meters on the part inside the ship (a), connected each point of 43 square meters on the 1st, 26.45 square meters on the 1st, 1st, 1st, 26.45 square meters on the 36th, 36th, 209 square meters of forest land C (hereinafter “the instant forest”) and the above 1st, 26.45 square meters on the 1st, 36th, 1,000 square meters on the ground of 46 square meters on the 5th, 36th,000 square meters on the ground (hereinafter “the instant building”).

B. On October 30, 2008, the Plaintiff entered into a lease agreement with the Defendant on the instant forest and leased buildings under the Defendant’s wife G name with respect to the instant forest and leased buildings as follows.

The rent for a real estate lease contract: 100,000 won shall be paid on January 1 of each year.

Article 2 (Duration) The lessor shall deliver the above real estate to the lessee by October 31, 2008, in a condition that he/she can use and benefit from the leased object, and the term of lease shall be from the date of delivery to December 31, 2013.

Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice consecutively or has violated Article 3, the lessor may terminate the contract without delay.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

Matters of special agreement

1. A lessee shall manage and maintain a cemetery owned by a lessor in the land;

4. The lessor may terminate the relevant contract by giving prior notice at any time one month prior to the termination thereof;

C. From February 2009, the Defendant planted various species of trees including the trees listed in attached Table 2 (hereinafter “instant trees”) on the forest of this case and on the ground of the answer from February 2009.

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