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(영문) 광주지방법원순천지원 2019.06.13 2019가단71865
계약해지무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Comprehensively taking into account the following facts: (a) around December 2015, the Plaintiff entered into a loan agreement on public property (hereinafter “instant loan agreement”) with the Defendant for the purpose of growing landscape trees by setting the lease period of 80,000 square meters among the 1,636 square meters of the instant forest land as up to December 9, 2020; and (b) on April 26, 2016, the Defendant discovered the Plaintiff’s damage of 1,636 square meters of the instant forest without permission, and ordered the restoration of the illegal mountainous district on July 6, 2016; and (c) the Defendant’s special judicial police officer, who was affiliated with the Defendant, investigated the Plaintiff’s actual offender’s disposal of the instant forest land, and sent it to the prosecutor’s office under the charge of violating the Mountainous Districts Management Act; and (d) notified the Plaintiff of the change of the lease agreement on the ground that the Defendant terminated the lease agreement without permission.

2. The Plaintiff asserted that in the process of constructing a new manager, the construction of the instant forest was suspended with the knowledge of the error that part of the instant forest was damaged to his own land, but was not its own land. Rather, the economic value of the instant forest increased, and the Plaintiff suffered significant damage due to the termination of the instant loan agreement, and thus, the Defendant’s termination of the instant loan agreement violates

However, in light of the following circumstances revealed by the facts and evidence as seen earlier, i.e., ① the lessee is clearly prohibited from changing the original state of the leased property without permission, and the Defendant may terminate the contract if the lessee violated this provision; ② the area of the forest damaged by the Plaintiff cannot be deemed small, and there is no evidence to deem that the Plaintiff restored the forest damaged by the Plaintiff to its original state, the circumstances asserted by the Plaintiff alone are the termination of the instant loan agreement.

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