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(영문) 창원지방법원 밀양지원 2017.02.10 2015가합112
손해배상(기)
Text

1. The Defendant’s KRW 119,00,000 to the Plaintiffs and KRW 20% per annum from April 4, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On December 24, 2012, the Plaintiffs concluded a lease agreement with the Defendant on the following (hereinafter “instant lease agreement”) with the following content: (a) on the lease of C Forest land 155 square meters; (b) 1,199 square meters; (c) 228 square meters prior to D; (d) 962 square meters prior to F; (c) 2,375 square meters prior to G; (b) H river 241 square meters; and (c) I river 122 square meters (hereinafter “instant land”).

Article 1 (Deposit and Time for Payment) No security deposit shall be made, but it shall be replaced with annual rent.

Article 2 (Optional Fees) (1) The defendant shall pay 25 million won in annual rent (excluding value-added tax) on the date of concluding a contract (pre-payment and lump-sum payment).

Article 4 (Delivery, Lease Period, etc. of Real Estate) (1) The Plaintiffs shall deliver to the Defendant on January 2, 2013, in the condition that they may use or benefit from the leased real estate for the purpose of lease, and the lease period shall be 24 months from the date of delivery.

(2) A defendant shall use leased real estate for the purpose of loading aggregate, aggregate, or any other things, and shall not use it for any other purpose.

Article 5 (Prohibition of Change, Transfer, etc. of Structure or Use) (1) The defendant may not change the structure or use of leased real estate without the consent of the plaintiffs.

Provided, That the incidental facilities and temporary diversion of farmland, etc. may be conducted in accordance with the camping site, but the risk of acquiring temporary diversion permission and the expenses incurred therein shall be borne by the defendant in whole.

Article 8 (Obligation upon Termination of the Contract) (1) The defendant shall return the leased real estate to the plaintiffs at the time of termination of the lease.

Article 10 (Special Matters to be Specified) (2) The defendant shall use the site of H and I as the defendant's expense after laying the waterway on the site of H and I, but shall transfer it to the current state where the contract period expires.

B. Around January 2013, the Defendant transferred the instant land from the Plaintiffs and operated the business of crushing and picking aggregate and the business of loading aggregate on the ground. During that process, the Defendant excavated and opened the said land and laid down only part of the waterway on January 2015.

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