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(영문) 대전지방법원공주지원 2019.07.04 2018가단1673
토지인도 등
Text

1. The defendant shall be the plaintiff.

A. Aggregates listed in the separate sheet No. 2 of each real estate listed in the separate sheet No. 1, and attached Form No. 3.

Reasons

1. Basic facts

A. On March 12, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10 million per annum, KRW 10 million per annum, and two years with respect to each real estate listed in the separate sheet No. 1 (hereinafter “instant land”).

The terms and conditions of the instant lease agreement are as follows.

1) The lease contract is currently under the present contract, and the surface soil shall be walking up to 50 cm at the end of the contract, and the lease contract shall be renewed to the upper soil (soil) above it. 5) If there are things on the ground (containers, machinery equipment, etc.) on the ground after the expiration of the lease term, the lessee shall not raise any civil or criminal objection even if the lessor arbitrarily disposes of it.

6) If a lessee becomes aware of the reinstatement of land after the expiration of the lease term, the lessee shall pay the rent by the time the reinstatement is completed, and the rent shall be double the lease fee. 7) The rent shall be paid in advance in advance on a yearly basis, and the late payment charge in arrears shall be 50%/year.

B. Around May 2013, the Defendant acquired the gathering business of earth and rocks from C Co., Ltd. in the vicinity of the instant land, and applied for the extension of the period of permission to collect earth and rocks from Cheongyang-gun to Cheongyang-gun from December 31, 2015 to December 31, 2016, and the Cheongyang-gun rendered a disposition of rejection on January 21, 2016.

Accordingly, the Defendant filed a lawsuit against Cheongyang-gun with the Daejeon District Court 2016Guhap101494, which ordered the revocation of the above disposition, but the above court rendered a judgment dismissing the claim on December 7, 2016, and the appeal (Seoul High Court 2016Nu13746) and the final appeal (Supreme Court 2017Du46813) were all dismissed, and the above judgment became final and conclusive.

C. For the collection of earth and rocks, the Defendant shall enter the aggregate list on the instant land, one truck listed in the separate sheet No. 2, one of the truck listed in the separate sheet No. 3, and the separate sheet No. 4.

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