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(영문) 광주고등법원 2017.06.02 2016나14507
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On November 11, 2013, D entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on the condition that it leases the land of Jeonnam-gun, E, F, G, and H (hereinafter “instant land”) as follows. After that, D reclaimed the instant land and planted the instant land at a certain point (hereinafter “instant land”).

3. The purpose of use: Farming (the cultivation of wild vegetables, such as Dorain and virtue);

4. Period of use: From November 11, 2013 to December 30, 2019 (around six years);

5. Division of rents: The first three years shall be free of charge, and four years shall be paid first before cultivation each year.

(4) If necessary in light of the circumstances of a lessor, including G, etc., part of the leased land may be notified in advance to the lessee and terminated.

B. On November 201, 2014, the Plaintiff’s wife J (D’s husband) prepared a meta with the following contents at a hospital in which D was hospitalized (hereinafter “instant meta”), and delivered it to K (here’s woman) and Defendant C (her husband).

A father shall delegate every ring to C and K.

The father's thickness dump dump dump with the relation that he did not dump.

This means that the J, which is the unfolded relationship between Agrter and Ngrre, was entered in lieu of what is the difficult relationship.

C. D died on December 1, 2014.

After that, all of the successors except the plaintiff, who is the south of the network D, were the sole heir of the deceased D (hereinafter referred to as the "the deceased") by giving up their inheritance.

(However, the plaintiff was adjudicated as qualified acceptance). D.

With respect to the date of the mid-2014, the Defendants asserted that they were “Feman on November 27, 2014” and “Feman on December 2014, 2014,” respectively. The Defendants asserted that they were “Feman on December 27, 2014,” and that they did not have any objective evidence to confirm it. Thus, the Defendants’ assertion

Without the Plaintiff’s consent, the lessee of the instant lease agreement changed the name of the deceased from the deceased to Defendant C, and then the instant lease agreement was terminated.

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