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(영문) 광주지방법원 2015.04.17 2014나8505
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 25, 2008, the Plaintiff entered into a lease agreement with the Plaintiff on the lease period of approximately 3,000 square meters from April 30, 2008 to April 30, 2013 with respect to the lease period of approximately 1,812 square meters and one parcel, among the land of the same clan, which is the origin of the family of the same clan (hereinafter “instant clan”). From April 30, 2008 to February 30, 2013, the Plaintiff entered into the lease agreement with the Plaintiff on the lease period of KRW 1,50,000,000 and KRW 3,50,000 from February 208 to 2009, and from 2010 to 1,50,000,000, and the beginning of the Cho Jong-dong cemetery for one year (hereinafter “instant lease agreement”).

B. On February 21, 2012, the Defendant entered into a lease contract with the Defendant for the instant clan, setting a lease contract of approximately KRW 2,000,00 (hereinafter “instant land”) out of approximately 18,473 square meters of the instant clan and Gwangju Mine-gu E, for a period of 1,00,000 won per annum, and one year for lease, and on February 27, 2013, the Defendant re-entered a lease contract under the same condition.

C. On the other hand, around December 2012, the Defendant shipped turdy of the instant land (hereinafter “the instant turdy”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2, 5 and 9 (including each number), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff asserted that the Plaintiff: (a) concluded the instant lease agreement with C, which was delegated by the instant clan; and (b) paid KRW 3,500,000 to C as rent on June 25, 2008 (two years’ rent) and KRW 2,800,000 on April 2, 2010, and KRW 2,500,000 on March 31, 2012; (c) cultivated the grass on the instant land as a result of punishing for the instant land, and on December 2, 2012, the Defendant shipped the grass of this case to C without permission.

Therefore, the defendant should pay 15,900,000 won and damages for delay, which are the amount equivalent to the market price due to the tort or the return of unjust enrichment, to the plaintiff, who is the owner of the right of this case.

(b).

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