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(영문) 인천지방법원 2019.05.10 2018구합55054
토석채취허가 취소처분의 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Details of the disposition;

A. On November 14, 2014, the Plaintiff leased five parcels, other than 39,321 square meters of C forest land (hereinafter “instant forest”) in strengthened-gun, from the Defendant’s Intervenor and one other (hereinafter “the Intervenor, etc.”) (hereinafter “instant forest”) as well as KRW 200 million (e.g., preparation and delivery of a notarized promissory note with a view to sighting delivery), KRW 1.5 million per month of rent (e.g., additional tax, cash payment on the fifth day of each month), and the lease period from December 1, 2014 to November 30, 2019.

(hereinafter “instant lease agreement”). According to the instant lease agreement, the Intervenor, etc. may terminate the contract upon written notice if the Plaintiff was in arrears for at least three months.

(Article 3) In addition, if an intervenor, etc. sells each of the above lands during the contract period, he/she shall notify the plaintiff in advance, and if the plaintiff does not intend to purchase it, he/she may sell it to a third party, but shall guarantee one year and six months from the date of delivery, regardless of the remaining period

(Article 4(2). On the other hand, when the plaintiff comprehensively expands, develops and restores the whole, the plaintiff shall carry out restoration from time to time to time with D or other persons delegated by the intervenor's duties.

(Article 6). (b)

On January 26, 2015 between the Plaintiff, the Intervenor, etc., and the Seoul Central District Court 2014Hu2697, the settlement was concluded prior to the filing of the lawsuit that “the Plaintiff shall pay the Intervenor the monthly rent of KRW 1,500,000 (excluding value-added tax) from the date of this settlement to November 30, 2019. If the Plaintiff delays the payment of rent on at least two occasions, the Plaintiff shall immediately deliver the instant forest land and five parcels, other than the instant forest.”

C. On January 1, 2018, the Plaintiff’s permission period is from January 1, 2018 to December 31, 2020 under the condition that “I revoke or revoke the agreement on the use of and benefit from mountainous district by the owner of mountainous district during the period of permission for the collection of earth and rocks,” with respect to the instant forest owned by the Intervenor, under the condition that “I revoke or revoke the agreement on the use of and benefit from mountainous district by the owner of mountainous district during the period of permission for the collection of earth and rocks.”

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