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(영문) 대전지방법원서산지원 2017.08.17 2016가합51001
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) In the Schedule 1, 2, 4, 5, and 7, each part of the land listed in the Schedule 1, 2, 4, 5, and 7, indicated in the Annex 1

Reasons

1. Basic facts

A. The Plaintiff is a corporation established by the Korea Rural Community Corporation and Farmland Management Fund, which is a manager of C reservoir B located in Chungcheongnam-gun, Chungcheongnam-gun and neighboring land.

B. The Defendant permitted the Plaintiff to use 63.6 waters of C reservoir as a fishing market in accordance with the Rearrangement of Agricultural and Fishing Villages Act and entered into a water surface lease contract with the Plaintiff on December 30, 2008 by setting annual usage fee of KRW 4,675,00 (including value added tax) between the Plaintiff and the Plaintiff. It around that time, orders 1-A of each land indicated in the separate sheet around C reservoir.

Each facility listed in the port (hereinafter referred to as "each facility of this case") was installed and the fishing market began to run.

C. After that, on February 2, 2015, the Plaintiff filed a lawsuit against the Defendant for the removal of each of the instant facilities under the court No. 2015Gahap50056, and on September 24, 2015, the said lawsuit became final and conclusive on September 24, 2015 as follows (hereinafter “instant compulsory adjustment decision”).

1. By June 30, 2017, the Plaintiff leased to the Defendant 4,250,000 won per annum as to C reservoir C and 63.6ha located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (Additional Map) on the condition that 17,000 won per annum is maintained by the Plaintiff.

Provided, That the contents of the remaining lease contract shall follow the lease contract on December 30, 2008 between the original defendant and the original defendant.

2. By no later than November 30, 2015, the Defendant shall deposit KRW 50 million as security for the removal of the above reservoir facilities.

The defendant shall resume the business of the fishing place at the above reservoir simultaneously with the deposit of the above deposit money.

3. Where the Defendant did not remove the facilities installed in the above reservoir by June 30, 2017, the Plaintiff confiscated the said security deposit, and claim the expenses to the Defendant after removing the facilities at the Plaintiff’s expense.

When the defendant completes the removal at the defendant's expense until the above date, the plaintiff shall refund the above deposit to the defendant.

The plaintiff.

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