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(영문) 대전지방법원논산지원 2019.01.24 2018가단1950
수목수거 및 토지인도 등
Text

1. The defendant shall be the plaintiff.

A. The above land is collected at the end of 3,551 square meters above the C orchard at Seosan-si, and the above land is above.

Reasons

Description of Claim

On April 19, 2014, the Plaintiff leased the instant orchard 3,551 square meters (hereinafter “instant orchard”) to the Defendant for a fixed period of KRW 500,00,000 per annum and one year, which is owned by the Plaintiff. Upon termination of the lease, the Plaintiff agreed to collect all landscape trees planted in the instant orchard.

(hereinafter “instant lease agreement”). However, the Defendant did not pay to the Plaintiff at all.

Therefore, since the lease contract of this case was terminated upon the expiration of the term, the defendant is obligated to take all trees planted in the instant orchard with its restoration to its original state and deliver the instant orchard to the plaintiff.

Furthermore, the Defendant is obligated to pay to the Plaintiff KRW 2 million in total and damages for delay calculated by 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 19, 2014 to April 18, 2018 on the record that it is clear that the delivery date of a copy of the instant complaint is the day following the delivery date of a copy of the instant complaint.

In addition, from April 19, 2018, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent calculated at the rate of KRW 500,000 per annum from April 19, 2018 to the date when the Plaintiff loses ownership or the Defendant’s possession ends, whichever comes earlier. The Plaintiff needs to file a prior claim against the unjust enrichment that will come due in the future.

Article 208 (3) 3 of the Civil Procedure Act)

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