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(영문) 수원지방법원 여주지원 2018.08.29 2017가합6244
기타(금전)
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 June 26, 2016, the Defendant, who operates D in a single lot, including 1,707 square meters of land for rural miscellaneous land, entered into an agreement with the Plaintiff on June 26, 2016 on the joint operation of a glamping camping site in the farmland for rural origin (hereinafter “instant agreement”).

The main contents of the instant agreement are as follows.

The plaintiff and the defendant jointly operate a field of glamping within the site of the farm site.

The defendant shall provide part of the site of the farm site as a site for a camping site in writing.

At its own expense, the Plaintiff installs facilities for the operation of the camping site, such as 14 glames, on the site of the camping site provided by the Defendant, and transfers three glames among them to the Defendant.

The plaintiff shall improve and repair part of D's facilities (such as a swimming pool, a sloping room, etc.) operated by the defendant.

B. At the end of July 2016, the Plaintiff: (a) consented to the use of the entire land in C (hereinafter “instant consent”) by Defendant, B, E, F, G, and H (hereinafter “Defendant, etc.”) as co-owner of C land; (b) granted the Plaintiff the consent (hereinafter “instant consent”); (c) issued the Defendant a written consent to the use of the land in question; and (d) the Defendant affixed each seal of the Defendant, etc. on the instant written consent and issued it to the Plaintiff at the beginning of August 2016.

C. From July 2016 to October 2016, the Defendant installed a glamping camping site on the land, C land, J land, and K’s ground, such as glamping 14, a toilet, shower, etc. among the farmland in the farmland in the farm site, as indicated in the attached Form between October 201 and November 201.

On May 4, 2017, the Defendant sent to the Plaintiff a content-certified mail stating that “the completion of facility investment, a certain presentation of a normal camping ground business, and a performance of a business start-up shall be urged, if not performed, the camping ground business is not available, and the Defendant shall be held liable for damages incurred therefrom.”

(e).

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