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(영문) 대전지방법원 2018.06.08 2017나111206
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On February 1, 2012, the Plaintiff entered into a lease agreement with the Defendant and Sejong Special Self-Governing City, setting a deposit of KRW 5 million, for three years from February 1, 2012, and three million per annum for rent (hereinafter “instant lease agreement”).

B. The Plaintiff leased the instant land to operate a sales business of the kitchen supplies.

In order to construct a temporary warehouse necessary for the above business, the Plaintiff received the written consent from the Defendant to use the land, and received the written consent from the NACF, the holder of the right to the land in this case, and applied for permission for development activities from the head of Yeongi-Gun around May 2012, and received permission for development activities from the head of Yeongi-Gun as “the creation of a site for a permitted warehouse (product storage) and the scheduled completion date of development activities.

In addition, on May 11, 2012, the Sejong Special Self-Governing City Mayor (the head of Si/Gun changes the head of Si/Gun to the head of Sejong Special Self-Governing City due to the change of the name of the administrative district) filed a report on a temporary building of 306.85 square meters with respect to "one building of a pipe structure (temporary warehouse) and 27 square meters of other lecture structures (temporary warehouse)" with the head of Sejong Special Self-Governing City as of May 10, 2012.

On May 8, 2012, the Plaintiff issued to the Agricultural Cooperative, a person holding the right to collateral security and superficies on the instant land, a written statement to the effect that “I would not raise any objection even if you would remove the said temporary warehouse and container stuff if the security right to the instant land is exercised after the drilling.”

C. After that, the Plaintiff newly constructed on the instant land “one 300 square meters of a steel pipe and steel frame tent roof” (hereinafter “the instant temporary building”) and used it as a goods storage, and approximately 30 square meters of the floor above the said temporary building as a asphalt.

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