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(영문) 의정부지방법원 2018.05.09 2016가단128056
토지인도
Text

1. The defendant against the plaintiff A,

A. Attached Form

2. Removal of the buildings listed in the list;

(b) Attached Form;

4. Each item in the list.

Reasons

1. Facts of recognition;

A. The plaintiff A attached Form to the defendant

1. On January 1, 201, each of the lands listed in the list (hereinafter “each of the instant lands”) and Gyeonggi-do D land was expropriated as a road after the conclusion of the instant lease agreement. B, on January 1, 201, the Defendant and each of the above lands were concluded a lease agreement (hereinafter “the instant lease agreement”) with respect to each of the instant lands, with a rent of KRW 2 million per annum without a lease deposit, and the period until December 31, 2011 without a lease deposit (hereinafter “the agreement on a new lease agreement”) and the key contents of the instant case are as follows:

Article 3 (Special Provisions for Lease Contracts) (3) In the event that this lease contract is terminated or terminated due to the expiration of the period of termination, etc., the defendant shall restore the land to the plaintiff A after all removal of each building (including, inter alia, the warehouse and the building installed on the ground of this case), other structures, and trees planted by the defendant at the defendant's expense, and restore the land to the original state. In this regard, the defendant shall not claim any form of right against the above plaintiff, such as beneficial cost, necessary cost, or purchase claim

If the defendant's failure to perform this, the above plaintiff can remove all facilities directly at the defendant's expense and restore them to its original state, and may dispose of the removal facilities at his own discretion. In this case, the defendant cannot raise any objection against the above plaintiff.

④ In order to implement the terms of this Article and the terms of this lease agreement, the above plaintiff and the defendant shall apply to the competent court for a compromise prior to filing a lawsuit (the content applied by the above plaintiff) with the content of each of the above matters, and receive a protocol of

Article 4 (Termination of Contracts and Compensation for Damages) (3) After entering into this lease contract, the above plaintiff and the defendant must immediately proceed with the procedures for reconciliation prior to filing a lawsuit under Article 3(4).

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