logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.06.19 2017가단318319
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 1, 2006, the Plaintiff prepared a farmland lease contract (hereinafter “instant contract”) with Defendant B with respect to the area of 446 square meters (hereinafter “instant land”) in Busan Northern-gu, Busan-gu, which was owned by Defendant B, as follows:

Period: A period shall be set from January 1, 2006 to December 31, 2016, and shall be adjusted later through mutual consultation.

Provided, That where an urban planning project (road opening, redevelopment, reconstruction, etc.) is implemented, the cost of planting, planting, and investing and operating landscaping trees: the cost of improving spawn shall be borne by the Plaintiff for the props, fruits, fences, other materials, installation, personnel expenses, and medicines for farm operation and management expenses necessary for the creation of a spawn farm as above.

수확생산물관리 별도협의 농장이 추후 도시계획, 개발사업 등으로 토지수용 시 그 보상금의 배분처리 ㈎ 토지보상금은 피고 B이 소유하고 ㈏ 머루포도, 과실수 및 지상물, 농장조성물, 조경 수목 등 기타 보상비의 배분비율은 피고 B이 30%, 원고가 70%의 비율로 정한다.

㈐ 기타 사항은 일반관례에 따라서 처리 협의한다.

B. Defendant C purchased the instant land from Defendant B on October 21, 2016, and completed the registration of ownership transfer under the Busan District Court No. 80986, Nov. 29, 2016.

C. On the ground of the instant land, spazine trees, landscaping trees, etc. are planted.

[Ground of recognition] Unsatisfy, entry of Gap 1 to 4

2. The parties' assertion and judgment

A. On January 2006, the Plaintiff’s assertion (i) entered into a lease agreement with the Defendant B, with the proposal that the Plaintiff would be able to receive compensation for pine trees, as well as the land price compensation, if it is later incorporated into an expansion road.

Accordingly, the Plaintiff planted and managed the instant land on the instant land by planting and managing spagic trees and Rose of Sharon.

However, Defendant B is the land of this case.

arrow