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(영문) 광주지방법원 2020.06.11 2019가합59719
토지인도
Text

1. The defendant shall deliver to the plaintiff each land listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On January 10, 2013, the Plaintiff entered into a contract on the use of earth and stones gathering places (hereinafter collectively referred to as “instant land”) with Defendant (Co., Ltd.) on each land listed in the separate sheet (hereinafter referred to as “individual land”) as indicated in the separate sheet (hereinafter referred to as “instant land”) according to the port number.

B) The Plaintiff concluded the instant contract. B. On February 18, 2016, the Plaintiff filed a lawsuit against the Defendant seeking the transfer of each of the instant lands in order to terminate the instant contract with the Defendant who did not perform his/her obligation under the instant contract and was sentenced to a favorable judgment (this Court Decision 2015Gahap2043, supra).

Accordingly, the Defendant appealed, but the Plaintiff withdrawn the lawsuit in the above appellate court pursuant to Article 7 of the Special Agreement, as the instant extension contract was concluded, as seen below.

C. On April 18, 2016, the Plaintiff entered into a contract with the Defendant for the extension of the term of the instant contract by May 31, 2019 (hereinafter “instant extension contract”).

(D) The contract for the use of the collection of earth and stone (the implementation agreement for the extension of the D period) was made and the main contents thereof are as follows:

1. Although the Plaintiff and the Defendant concluded a contract for the use of the earth and rocks (D), on January 10, 2013, upon the Defendant’s request for extension of the period, the Plaintiff extended the period from January 10, 2016 to May 30, 2019 upon the Defendant’s request, thereby extending the period from January 10, 2016 to May 30, 2019 on a conditional basis as follows.

3. The Defendant’s payment method 1) The Defendant paid to the Plaintiff with D the amount of KRW 301,00,000 (Additional Tax) not paid from April 10, 2014 to December 10, 2014, with respect to the extension of the said amount, and the Defendant paid KRW 200,000 to the Plaintiff at the same time as an additional agreement (certificate) on the extension of the said amount. The remainder of KRW 101,00,000 on July 30, 2013 (no later than May 30, 2016).

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