(영문) 춘천지방법원 2018.07.11 2016나52344

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(영문) 춘천지방법원 2018.07.11 2016나52344

소유물방해제거 등 청구의 소

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1. The first instance judgment, including the Plaintiff’s primary claim extended by this Court and the ancillary claim added by this Court.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the instant land, and the Defendant is the company that runs the construction business, etc.

B. On June 15, 2012, the Plaintiff entered into a lease agreement with the Defendant on the instant land, setting the lease term from June 10, 2012 to March 31, 2013; and KRW 5,400,000 for ten months (hereinafter “instant lease agreement”); and around that time, the Plaintiff transferred the instant land to the Defendant.

C. Specific contents of the contract entered into in the instant lease agreement are as follows.

Article 3 The name limit of the above real estate shall be June 10, 2012, Article 4: From June 10, 2012 to March 31, 2013, a lessee under Article 5 may remodel or alter with the approval of a lessor, but at the time when the contract period ( March 31, 2013) exceeds the lease contract period under Article 6, the lessee shall bear all the expenses of the lessee in the name city and restore the leased object to the original state, he/she shall compensate for damages by 1 year after the expiration of the contract period (from April 1, 2013 to March 31, 2014).

Article 7. Special Clause that the lessor shall reimburse the amount that the contract amount is to be reimbursed at the time when the lessor has terminated the contract, and the lessee shall lose the contract deposit and may not claim the return thereof.

1. It shall be restored to its original state, usable as dry field at the time of termination of the contract;

(Yed field) . 2. Filling up part of the earth on the part of Kakao tree.

3. Where facilities are damaged, they shall be restored to original state.

(In the event of failure to perform the above contract (Article 1-7 and No. 1-3 of the Special Agreement) on April 4, 201, the person who caused the damage shall be held liable for civil and criminal liability, respectively.

The Defendant received the delivery of the instant land and loaded construction materials, wastes, etc. on the part of 1,193 square meters in the ship (hereinafter “the part of item (a) of this case”) connected each point of 1,2,3,4,4,5,6, and 1 in sequence of the indication of the attached drawings among them.

E. On April 10, 2013, the Defendant rendered a decision to commence rehabilitation at the Seoul Central District Court.

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