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1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a) Attached 2 drawings among the lands listed in the real estate list in annexed Form 1.
Reasons
1. Under the underlying facts, the following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the following facts: Gap evidence 1 to 14, Gap evidence 3-1 and Eul evidence 3-2, and the fact inquiry results to the head of the Incheon Regional Maritime Port Office of this Court.
On March 28, 1995, the Plaintiff used the instant real estate by obtaining permission to use harbor facilities for the purpose of ship scrapping and scrapping, and by extending it each year with respect to the land indicated in the attached Table 1 list from the head of the Incheon Regional Maritime Affairs and Fisheries Office (hereinafter “the instant real estate”), among the land indicated in the attached Table 1 list.
B. After December 2006, the Plaintiff entered into an initial lease agreement with the Defendant to whom the ownership of the instant real estate was transferred for the purpose of storing goods exported or imported in the instant real estate and for the purpose of scrap ironing. The lease agreement continued to be renewed on December 1, 201. The terms of the lease agreement finally concluded on December 1, 201 (hereinafter “instant lease agreement”) are as follows.
1) The term of lease is from January 1, 2012 to December 31, 2012. 2) The annual rent is KRW 179,577,560 (excluding surtax).
3) Where the term of lease expires or this contract is terminated, “B (the plaintiff, hereinafter the same shall apply)” must return the leased property to B (the plaintiff, hereinafter the same shall apply) after obtaining confirmation of “A” in its original condition within the period designated by “A”. 4) Where the term of lease expires or this contract is terminated, “If the facilities installed by B (the building, structure, temporary building, etc.) fail to be restored to its original state,” “B” shall waive any right to the facilities, and the rights (deflution, sale, etc.) for the facilities shall be acquired by “A”.
5 If “B” has disbursed necessary and beneficial expenses for leased property without the prior consent of “A”, “B” shall be deemed to be “B.”