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(영문) 춘천지방법원원주지원 2016.11.10 2015가단33648
토지인도
Text

1. The defendant is paid KRW 129,183,80 by the plaintiff, and at the same time, the defendant is on the land of KRW 2591 square meters in the city of Won-si to the plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On April 1, 2015, the Plaintiff is deemed to be the Defendant, on April 1, 2015, 2015, 2591 square meters (hereinafter “instant land”).

2) As well as D’s 2479 square meters prior to D’ (hereinafter “instant land”).

() The road name address is F and G G in the city of Kuju. The instant lease agreement states that “F and G site 2591 square meters” is “F in Gangwon-do. The area of the contract is 2591 square meters in the area of the instant C land (road name address in the city of Kuju). Notwithstanding such area, there is no special dispute between the parties to the lease agreement between the Plaintiff and the Defendant that the lease agreement between the Plaintiff and the Defendant includes not only the instant C land, but also the instant D land. The lease agreement between the Plaintiff and the Defendant is set as KRW 10,00,00 in the lease deposit, KRW 1,000 in the monthly rent, KRW 1,000 in the lease period, KRW 1,000 in the lease period, and KRW 36 months in the lease period (hereinafter “instant lease agreement”).

2) At the time of the instant lease agreement, the Plaintiff and the Defendant entered into a special agreement stating that “At the time of the termination of the contract (the sale) was to be restored to its original state in principle” (hereinafter “instant special agreement”).

3) The Defendant cutting down trees on the instant land and most of the ground of the instant D land, and plastic houses (a space for the Defendant’s residence is installed within a vinyl house).

A) The Plaintiff installed and operates an arboretum. The Plaintiff was engaged in the survey and appraisal of the instant C land at the hearing stage of the instant case, based on the relationship between the removal of trees on the ground of the instant land, the removal of vinyl houses, and the delivery of land. The results of the survey and appraisal of the instant C land are as indicated in the attached Table 1. Of the attached Table 1 appraisal sheet, the number of trees and fruits is created on the area of a part 1,494 square meters, among the attached Table 1 appraisal sheet, and a vinyl house is installed on the area of a part 495 square meters. The Plaintiff sold 1,878 square meters out of the instant land to E on June 22, 2015.

The records of this case are present.

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