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(영문) 의정부지방법원 2020.11.12 2019나208336
건물등철거
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 34,876,00 and KRW 34,876,000.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as follows, and this part of the reasoning of the judgment of the first instance is the same as that of the corresponding part of the reasoning.

The part of "Defendant F division" in the three-dimensional 6th written judgment of the first instance court shall be applied to "Defendant D".

2. Determination on the main claim

A. The reasoning of the court’s explanation on this part of the parties’ assertion is that the relevant part of the reasoning of the judgment of the first instance is identical to that of the relevant part.

B. 1) The Defendant asserts that, despite the Plaintiff’s duty to obtain permission to divert farmland to use the instant land as a camping site pursuant to the instant lease agreement, the Plaintiff failed to perform his/her duty and the Defendant failed to use the said land for the purpose of lease, so the Defendant did not have a duty to pay the rent.

Therefore, in light of the following facts and circumstances, it is difficult to view that the Plaintiff is obligated to obtain permission to divert farmland to the Defendant under the instant lease agreement, and in light of the evidence mentioned above, Gap 6, 8, and 11, and the record of the first instance court's fact inquiry into the office of Pyeongtaek-gun, the entire purport of the pleading is as follows: Provided, That it is difficult to view that the Plaintiff is obligated to provide all the conditions such as permission to divert farmland so that the Defendant can legally operate the camping site from each land of this case under the instant lease agreement to the extent possible by the lessor. However, the Plaintiff is obliged to cooperate to the extent necessary for the Defendant to operate the camping site in a peaceful manner, such as granting a consent to use the land to the Defendant to obtain permission to operate the camping site.

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