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(영문) 창원지방법원진주지원 2020.10.14 2017가단34598
손해배상(기)
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Plaintiff (Counterclaim Defendant)’s land C, D, and Ews established on its ground.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 19, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to all of the instant land owned by the Defendant and the Defendant and its ground facilities and equipment, including the instant parcels of land and the instant parcels of land, as follows:

Article 2 (Period) From May 19, 201 to May 31, 2019, the Plaintiff shall bear a public charge for the first year under Article 3 (Rent) and seven million won per annum for the second year to five years from May 31, 2019.

Article 6 (Reservation of Right to Rescission) When the plaintiff has violated this Agreement, the defendant may immediately rescind this Agreement.

B. From May 19, 2014 to September 2014, the Plaintiff cultivated Melag in the instant riverhouse. From September 2014 to February 2015, the Plaintiff installed a facility for growing his or her funeral in the instant riverhouse, water necessary for raising his or her funeral, and water supply facility, etc. (hereinafter “facilities of this case”). On March 2015, the Plaintiff cultivated his or her funeral in the instant riverhouse and raised the seedlings for raising his or her funeral.

C. The Plaintiff, by the year 2016, cultivated her daughters from the instant estuary, and around February 8, 2017, removed the instant facilities, and the Plaintiff, upon the Defendant’s instruction, discovered that his employee removed the instant facilities, filed a complaint with the Defendant.

On July 17, 2017, the Defendant received a summary order of KRW 1 million (Seoul District Court 2017 Gowon District Court 2017 Gowon Branch 2555), and the said summary order was finalized on August 8, 2017, stating that “Around February 2017, the Plaintiff interfered with the Plaintiff’s exercise of rights by removing and destroying the instant facilities in the manner of destroying them” (No. 2017 Gowon Branch 2017 Gowon Branch 2555).

On December 26, 2016, the Defendant sent to the Plaintiff a certificate of content that the instant lease agreement is terminated on the ground that it was planned to develop the instant subordinate agricultural facilities for other purposes. On July 7, 2017, the Plaintiff is again the Plaintiff.

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