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(영문) 전주지방법원정읍지원 2017.07.11 2016가단1036
수목수거 및 토지인도
Text

1. The defendant collects the land trees on the ground stated in the separate sheet to the plaintiff, and delivers each of the above land to the plaintiff.

Reasons

1. Basic facts

A. On March 23, 2015, when the Defendant leased seedlings from the Plaintiff (hereinafter “instant real estate”) and cultivated seedlings, the Defendant entered into a lease agreement with the Plaintiff, setting the rent of KRW 4,510,00 (hereinafter “instant agreement”) without the lease deposit, from February 19, 2016 to February 19, 2016, with respect to the Plaintiff and the instant real estate from the lease term to February 23, 2015.

2. The defendant voluntarily collects trees within the term of a contract and does not demand renewal, notwithstanding the provisions of any Act (the defendant's absolute desired items are included in this case).

5. On the expiration of the lease term, the defendant restores the object to its original state and deliver it to the plaintiff, but the 7.60,000 won deposited as recovery expenses on February 19, 2013 shall be settled with settlement key depending on the complete recovery: I will build a large 30 days from the present.

B. The Plaintiff and the Defendant agreed at the time of the instant contract as follows.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant contract was terminated on February 19, 2016, and thus, the Defendant is obligated to collect the instant real estate trees from the Plaintiff upon restitution of restitution and lease object, deliver the instant real estate, and pay the money calculated by the rate of KRW 4,510,000 per annum from February 19, 2016 to the completion date of delivery of the instant real estate.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion requires passage in order to collect trees on the ground of the instant real estate. The Plaintiff and the Defendant set a special agreement at the time of the instant contract to create access roads within 30 days from the date of the contract.

Nevertheless, the plaintiff did not create access roads, and the defendant accordingly.

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