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(영문) 대구지방법원 2017.08.09 2016가단33650
토지및건물인도등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 2, 2011, the Plaintiff’s summary of the Plaintiff’s assertion: (a) leased each real estate listed in the separate sheet to the Defendant for a fixed period of May 1, 2016; and (b) in return, the Defendant agreed that the Defendant be punished once a year by not later than a week prior to May 1, 201.

After that, the land listed in paragraph 6 of the attached list among each of the above real estate has been expropriated and no longer can be leased.

In addition, the defendant did not make the draft of the contract in 2016, and he stored waste in each part of the claims in the attached Form Nos. 2 and 5, and stored waste in the surrounding areas of the housing stated in paragraph 7 of the same list.

Therefore, the defendant is obligated to restore the corresponding parts of the land and the housing indicated in paragraphs (2) and (5) of the attached list to its original state, and to deliver each real estate listed in the same list to the plaintiff.

2. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the conclusion of a lease (or loan for use) agreement on each real estate recorded in the separate sheet between the Plaintiff and the Defendant, and there is no other evidence to acknowledge it, and it is difficult to view that the content of the part seeking restoration is specified, and therefore, it is difficult to accept the Plaintiff’s request.

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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