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(영문) 광주지방법원 2016.08.25 2015가합61110
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On November 11, 2013, the network D and Defendant B entered into a lease agreement with respect to the land owned by Defendant B (a total of 8,277 square meters (2,66 square meters; hereinafter “instant land”) for the purpose of farming (i.e., seed farming, such as drain and dyscul), the period of use from November 11, 2013 to December 30, 2019; and (b) the first three years, free of charge, to pay the amount calculated at the market price based on the actual farming area before the cultivation (hereinafter “instant lease agreement”); and (c) the network D reclaimed the instant land and planted land as Dora.

(hereinafter referred to as “the instant Do road”) B. The Do road, which was planted on the instant land by the network D.

The deceased D died on December 1, 2014, and all inheritors except the plaintiff who is the head of the deceased D have renounced their inheritance, and only the plaintiff succeeded to the inheritance.

C. The Defendants changed the name of the lessee of the instant lease agreement from the network D to Defendant C and terminated the instant lease agreement, and Defendant C expressed to Defendant B the intent to waive the crops planted on the instant land.

Since then, I, a third party who leased the land of this case from Defendant B, has cultivated the land of this case as a Tractor and cultivated the land of this case. D.

The Plaintiff filed a complaint with Defendant C with the purport that Defendant C arbitrarily changed the name of the lessee of the instant lease agreement and embezzled the instant land by arbitrarily disposing of the instant land. However, on September 22, 2015, the Seoul District Prosecutors’ Office rendered a disposition of non-prosecution on the ground that the ownership of the instant land was against Defendant C on the ground of the Plaintiff and the Defendant C’s statement of performance, etc. stating that the ownership of the instant land was against Defendant C.

E. The Plaintiff reversed the instant lease agreement and set the instant land as a blackter.

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