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(영문) 광주지방법원 2016.02.18 2015가합2043
토지인도 등
Text

1. The defendant shall deliver to the plaintiff each land listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On January 10, 2013, the Plaintiff entered into a contract with the Plaintiff on the use of the earth and rocks collection site by the Plaintiff and the Defendant. On January 10, 2013, each land listed in the separate sheet (hereinafter “instant land”) between the Defendant (former Trade Name: Ecella Co., Ltd.) and the Defendant is called “each land of this case.”

3) As to the “Agreement on the Use of Earth and Stone Collection Claim” (hereinafter “instant Agreement”)

AB concluded the agreement.

Contract Terms and Conditions

1. Land subject to the collection of earth and rocks: The land of this case through 23;

2. Land subject to the collection of earth and rocks: The land between 24 through 36 in this case;

3. In the case of the land subject to the collection of earth and stone in this case, the land subject to the collection of earth and stone in the above 37 to 39 soil and stone (mining site) shall be in accordance with the result after the plaintiff and the defendant jointly applied for the use of earth and stone in advance at the time of mining mining, and the rent accrued for the above site shall be 50% each by the plaintiff and the defendant, and the defendant shall be responsible for the use of earth and stone

5. The period during which the collection of earth and rocks is completed shall be three years (36 months) from the date on which the defendant is responsible for the amount of earth and rocks generated (based on civil engineering and design services) on the land specified in paragraphs (1) through (3) of the plaintiff's provision of the earth and rocks and the period for which the collection of earth

Provided, That when the defendant inevitably delays occur during the collection of earth and rocks, the defendant and the plaintiff shall extend the period of recovery from earth and rocks after prior consultation, and the method of prohibition against earth and rocks shall be paid by January 10, 2016, regardless of the extension of the period.

8. The payment method of the price for earth and rocks (1) The Plaintiff permitted the Defendant to collect earth and rocks and transport the earth and rocks to the Defendant, and the Defendant paid the following amount to the Plaintiff:

(2) The Plaintiff and the Defendant mutually recognize the land subject to the collection of earth and rocks without an increase or decrease in 2.5 million cubic meters in cubic meters.

(3) The Defendant’s total sum of KRW 1,250,000,000,000,000,000 per cubic meter (per 500,000,000,000.

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