(영문) 서울중앙지방법원 2015.12.30 2014가단110776

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(영문) 서울중앙지방법원 2015.12.30 2014가단110776

추심금반환

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1. The Defendant collected inorganic sludge Co., Ltd. located on the 3,707 square meters of paddy field B at Yangju-si and the land above.

Reasons

1. Facts of recognition;

A. The defendant's land lease 1) The defendant is womensan Co., Ltd. in 2007 (hereinafter referred to as "san").

3,707 square meters (hereinafter referred to as the “instant land”) in Yangju-si owned by the Defendant.

1) The rent and the payment method rent shall be KRW 36 million for three years, and the rent shall be paid KRW 12 million for the first year and shall be paid at the same time with the contract, and the deposit shall be paid at KRW 12 million for the following year. 2. The deposit shall be replaced by KRW 30 million paid at the time of the contract in 2007. 3. The contract period shall be three years, and the contract period shall be automatically extended every three years, except in extenuating circumstances. 2) The Defendant, on May 15, 2010, concluded a lease contract with the following contents as to the land in this case:

(2) In the case of the instant lease agreement (hereinafter “the instant lease agreement”), the amount of the rent of KRW 36 million for the period of the instant lease agreement (from May 15, 2010 to May 15, 2013) was fully paid. (b) The amount of the rent for the manufacturing, etc. of aggregate (i) the current status of the domination, etc. of aggregate, including the instant land, which is farmland, was the six parcels of land including the instant land (hereinafter “nsan place of business”), both at both weeks, deposited KRW 66,30,000 as the guaranty insurance policy, and used it as the site for the aggregate open site with the permission of the relevant administrative agency.

2) Socsan stored raw stone for the manufacture of aggregate and inorganic sludge from crushinging it on the instant land. In August 2012, Socsan was in default on and around August 2012. Socsan discontinued the said plant without treating sludges accumulated at the said plant, and completed it at the workplace. 3) On March 20, 2013, it was established for the following Han-ro Company Co., Ltd. (hereinafter “ Han-ro Company”) (hereinafter “ Han-ro Company”).

On April 16, 2013, Han-ro Enterprise filed an application for registration of aggregate extraction business at the two weeks.

Han-ro Enterprise occupies and uses a mountain site, including the land in this case, and is inorganic.

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