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(영문) 의정부지방법원고양지원 2017.09.08 2016가합73361
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the lands listed in paragraph 3 of the attached list, the annexed drawing Nos. 1, 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination as to the principal lawsuit

A. In full view of Gap's evidence Nos. 1 and 2, Eul evidence Nos. 1 and 3, and the appraisal result and the purport of appraiser C's appraisal before the lease contract of this case, the plaintiff acquired the instant land from H and I, the owner of the instant facilities, and the plaintiff acquired the instant land from the defendant on January 20, 201, by setting the lease contract of this case and the lease contract of this case of this case of this case of this case of 7,720,000,000,0000 won per annum No. 3,064,000,000 won per annum No. 1,000,000 won per annum No. 1,000,0000,000 won per annum No. 1,000,000,000 won per annum No. 2135,20,0000,000 won per annum No. 1,000,000.

Therefore, the instant lease agreement is deemed to have been terminated on January 21, 2015 due to the expiration of its validity. Thus, barring any special circumstance, the Plaintiff, as the owner of the instant structure, has a duty to remove the instant facilities and deliver the instant land to the Defendant, barring any special circumstance.

In addition, the defendant occupied the land of this case and obtained the profit equivalent to the profit from the use of the land of this case and thereby suffered damage to the plaintiff.

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