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(영문) 울산지방법원 2015.08.21 2015가단3425
시설물 철거 등
Text

1. The Defendant removed the Plaintiff’s plastic greenhouse facilities on the ground of 2020 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, and the said land.

Reasons

1. Facts of recognition;

A. On November 19, 2003, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on November 19, 2003 with respect to the Ulsan-gun, Ulsan-gun C 2020 square meters (hereinafter “instant land”).

B. On November 18, 2003, the Plaintiff entered into a lease agreement with the Defendant on the condition that the Plaintiff leased the instant land to the Defendant from January 1, 2004 to December 31, 2006, and the Defendant shall pay the Plaintiff the annual rent to the Plaintiff 360 km (hereinafter “instant agreement”).

At the time of the contract of this case, the defendant agreed to remove facilities as necessary by the plaintiff and not to demand all compensation when the land is removed.

C. On September 19, 2014, the Plaintiff, upon renewal of the instant contract with the Defendant, notified the Defendant that he/she had no intent to renew the contract. On January 2, 2015 and February 2, 2015, the Plaintiff requested the Defendant to return the instant land and remove the instant facilities again.

From January 1, 2004, the Defendant has set up a vinyl house on the instant land and cultivated crops.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. According to the fact of the above recognition, the instant contract was terminated on March 19, 2015 after the lapse of six months from September 19, 2014 when the Plaintiff notified the Defendant of the termination.

As such, the defendant is obligated to remove the vinyl facilities installed on the ground of the instant land and deliver the said land to the plaintiff.

3. Therefore, the plaintiff's claim of this case is accepted for reasons of the conclusion.

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