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(영문) 청주지방법원 충주지원 2018.09.06 2018가합5270
토지임대차계약 부존재 확인 등
Text

1.(a)

The real estate stated in the separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is related to each real estate.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On December 15, 2009, the Defendant drafted the following lease agreement between the deceased C (the deceased on December 2, 2014, hereinafter “the deceased”) with a view to leasing each of the lands listed in the separate sheet (hereinafter “instant land”) from the deceased (hereinafter “instant lease agreement”), and between the deceased and the Defendant on December 15, 2009.

(j)Article 1: The rent and the period of Article 2: Although the lease is not fixed, if the lessor requests the termination of the contract within 10 years from the date of the contract, the lessor shall pay 200% of the rent including all the construction costs and design costs of the building constructed on the land.

Article 3:All expenses including construction costs, farmland diversion charges, design costs, measurement costs, etc. required for the construction of a new building shall be paid by the lessee, and the lessee shall also be borne by the lessor and the lessee due to the construction of the new building.

Article 4:If the lease contract is terminated at the request of the lessee, the lessee shall not claim for any expenses incurred in the building to be newly constructed by the lessor, and if the lessor requests the restoration to its original state, the lessee shall be obligated to remove the building and restore it to its original state

Article 5:Building a new building in the name of a lessor at the expense of a lessee on the land above, a lessor may not demand distribution, etc. of rent and profit accruing from the lease of a lessee in addition to the rent that a lessee pays to the lessee, and shall cooperate with the lessee in the preparation of the contract, etc.

B. Since then, the Defendant constructed a building under the name of the Deceased on the ground of the instant land (hereinafter “instant building”) and constructed the building under the name of the Deceased on November 19, 2010.

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