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(영문) 대구지방법원 2013.12.20 2012가단33805 (1)
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On April 2007, the Plaintiff entered into a lease agreement with the Defendant Korea Highway Corporation as follows with respect to the portion of 360 square meters which can be cultivated among the land D and E owned by the Republic of Korea (hereinafter “C”) (Evidence A3), and the said lease contract term was renewed until December 31, 2008.

(A) Evidence No. 13-46, hereinafter collectively referred to as “the lease of this case”). The main parts of the renewed lease are as follows:

Article 1 (Purpose) (Purpose of Lease) of the Real Estate Lease Agreement shall be limited to the use of the lease, which is necessary for the cultivation and cultivation on the said land.

Article 2 (Term of Lease) In principle, the term of lease shall be one year.

However, in the absence of any special objection between the parties, the lease period shall be automatically extended.

Term of lease: From May 1, 2008 to December 31, 2008, the rent under Article 3 (Rent) shall be 32,880 won per year.

Article 6 (Cancellation of Contracts) (1) In cases falling under any of the following subparagraphs, the Korea Highway Corporation may terminate the contract against the plaintiff if the defendant does not correct it after the peremptory notice in advance:

1. Where the Plaintiff fails to pay the rent within the payment deadline;

2. Where the difference in the rent of the plaintiff amounts to two months.

3. Where required for public, public, or public works;

4. When the plaintiff violated Article 5.

5. When the plaintiff loses ownership of any ground object due to the disposition on default, compulsory execution or auction;

6. When a contract is concluded with a breach of contract terms, presentation of defective documents by the plaintiff, etc., or when it is impossible to achieve the purpose of lease due to any cause attributable to the plaintiff.

B. The head of Libera Gun shall, in order to attract the Daegu High Center for Hyundai Motor Co., Ltd. on October 2004, hold the Glibera City 101-1 forest land 101,677m2.

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