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(영문) 제주지방법원 2017.08.22 2016가단53847
토지인도
Text

1. In order of the Plaintiff, the Defendant indicated in the annexed drawing Nos. 1, 2, 3, 4, and 1 among the land size of B 48,595 square meters in Jeju-si.

Reasons

1. Basic facts

A. The Plaintiff is the owner of B forest land No. 48,595 square meters (hereinafter “Plaintiff’s land”) in Jeju-si, Jeju-si, which was delegated by the Plaintiff to manage the Plaintiff’s land, and Jeju-si, which was entrusted by the Plaintiff to Jeju-do (hereinafter “ Jeju-si, regardless of whether it was before or after the change,” hereinafter “the Plaintiff’s land”), had entered into a loan agreement with the Plaintiff on a five-year basis with regard to (A) part of the Plaintiff’s land (a) and 98 square meters (hereinafter “the loan site in this case”), which are successively connected with the Plaintiff’s land in sequence with C around June 1978, the lease period of the Plaintiff’s land was set at five years, and C has been renewed every five years after entering into a loan agreement with the Plaintiff, and C has operated a rest area business for D visitors in the building listed in the attached Table 2 List on the ground of the instant loan site (hereinafter “the rest area in

B. On July 6, 199, the Defendant purchased the instant rest area from C and E, which were co-owners of the instant rest area, and completed the registration of ownership transfer on December 30, 200 of the same year, and concluded a loan agreement with Jeju city around December 30, 2002, which was the time when the said lease agreement was terminated, for a fixed lease period of five years, and operated in the instant rest area. The Jeju and the Defendant concluded a contract under which the lease period was renewed from January 1, 2008 to December 31, 2012 (hereinafter “the instant lease agreement”). The Defendant concluded a lease agreement under which “the Defendant removed facilities, structures, etc. within the lease area and restored the lease area to its original state” (Article 15).

Meanwhile, according to the instant loan agreement, the Defendant has paid the loan fee of KRW 6 million per year.

C. On October 31, 2012, Jeju-si notified the Defendant that the loan period expires on December 31, 2012, and that the renewal of the instant loan contract is refused due to the plan for public works for the improvement of F Rests, and the said notification to the Defendant on November 2, 2012.

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