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(영문) 수원지방법원평택지원 2016.05.20 2015가단7515
토지인도
Text

1. The Defendant: (a) out of 3,694 square meters prior to Pyeongtaek-si C; (b)

(a)each point of the separate sheet No. 16, 17, 18, 19, 20, 16

Reasons

1. Basic facts

A. On March 12, 2014, the Plaintiff completed the registration for transfer of ownership on the grounds of the sale due to the voluntary auction “each of the instant lands” with respect to the 3,911 square meters [3,694 square meters prior to Pyeongtaek-si Co., Ltd. (hereinafter “the instant land C”), the 602 square meters prior to D, and the 2,418 square meters prior to E (hereinafter “each of the instant lands”), respectively.

B. On March 31, 2014, the Plaintiff entered into a farmland lease consignment agreement (hereinafter “instant lease consignment agreement”) with the Korea Rural Community Corporation on each of the instant land by stipulating “The lease consignment period: from March 31, 2014 to March 31, 2019; annual rental fee: KRW 700,000; annual rental fee: 5/100: annual rental fee; and the annual rental fee.” The main contents relating to the termination of the instant lease consignment agreement are as follows.

Article 12 (Termination of Contracts) (1) When any of the following grounds arises, the Corporation shall notify the trustor in writing at any time, and may terminate this contract 30 days after the date of arrival of such notice:

Provided, That where the truster gives his/her consent, the contract may be terminated immediately.

2. Where the truster has performed his/her own cultivation of contract, farmland, etc. or does not do so;

3. Where the truster installs structures on the contract, farmland, etc. or alters the form and quality without the consent of the Corporation;

C. On March 31, 2014, the Korea Rural Community Corporation entered into a contract with the Defendant for the lease of each of the instant land (hereinafter “instant lease contract”) with the terms and conditions that “the lease period: from March 31, 2014 to March 31, 2019; annual rental fees: KRW 700,000.” The key contents regarding the termination of the instant lease contract are as follows.

Article 9 (Termination of Contracts) (1) When any of the following causes occurs, the Corporation may notify the lessee of the termination of the contract in writing at any time, and may terminate the contract after 30 days from the date of arrival of such notification:

2. The lessee;

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