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(영문) 광주지방법원 2020.08.21 2020가합50701
시설물 철거 등
Text

The defendant removes each of the facilities listed in attached Tables 1, 2, and 3 on the ground of 29,101.9m2 at the time of leisure water to the plaintiff, and the above facilities shall be removed.

Reasons

On June 25, 2014, the Plaintiff and the Defendant entered into a contract for operation of the Camp with the content of the sales amount to be determined as 1.09% of the sales amount from July 7, 2014 to June 30, 2015, to KRW 13.09% of the sales amount to KRW 80 million, KRW 1.29% of the sales amount to KRW 1.6 billion, KRW 1.6 billion to KRW 1.6 billion, and KRW 45.09% of the sales amount to KRW 1.6 billion to KRW 1.6 billion, and KRW 1.6 billion to KRW 1.9% of the sales amount to KRW 1.6 billion.

The Plaintiff and the Defendant agreed that “the term of a contract shall be three years, and may be extended by one year after mutual consultation.”

The Plaintiff and the Defendant renewed the contract term of the above operation contract on a yearly basis, and entered into an operation contract with the contract term from July 1, 2019 to December 31, 2019.

(hereinafter “instant contract”). The Plaintiff and the Defendant agreed to the term of the contract that “if the Defendant notifies the intention of extension in writing 30 days prior to the expiration of the contract period, the Plaintiff may extend the contract through an evaluation of the operational results.”

Pursuant to each of the above contracts, the Defendant received delivery of the instant land from the Plaintiff and operated the Oral Campping site by installing each of the facilities listed in attached Forms 1, 2, and 3 (hereinafter collectively referred to as “each of the facilities of this case”).

On the other hand, Article 14 of the contract of this case regarding the reputation and restitution of the land which is the object of the contract of this case, and where the contract of this case expires at the expiration of the term, the defendant must remove the property owned by the defendant, additional facilities installed by the defendant and other structural changes at the defendant's expense within one week from the expiration date, and deliver the subject matter

The plaintiff.

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