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(영문) 전주지방법원군산지원 2016.11.01 2015가단8471
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. The attached appraisal sheet No. 4,050 square meters on C river 4,050 square meters in any point shall be indicated as 5,29,30, and 4.

Reasons

Basic Facts

On October 15, 2012, the Plaintiff leased the building indicated in the paragraph (a) of the disposition No. 1 (hereinafter “instant building”) and its site to the Defendant as KRW 10,000,000 (hereinafter “instant lease”).

The lease contract of this case contains a special clause that "if a farm is sold or sold on a full-time basis, it shall be done within three months."

The term " farm" referred to in the above special contract clause of the lease of this case is a farm located in D and its surrounding area in the following cities.

On August 27, 2015, the Plaintiff sold the said farm to E.

The Defendant occupied the instant building and loaded used home appliances, scrap metal, scrap metal, scrap metal, recycled goods, and various solid goods on the land stated in Section 1-B of the Disposition No. 1 (hereinafter “instant site”).

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 5 and 12, Gap evidence Nos. 9-1, 2, and 3, each image of this Court’s appraisal commission to the Korea Land Information Corporation, as a result of the appraisal commission to the Korea Land Information Corporation of this Court, the farm indicated in the terms of the lease agreement of this case was sold to E on August 27, 2015, and thus, the lease of this case was terminated on November 28, 2015, which is three months after the said special agreement.

Therefore, the Defendant is obligated to deliver the instant building and the instant site to the Plaintiff on the grounds of the termination of the lease of this case.

The defendant asserts that the " farm" stated in the special terms and conditions of the lease of this case does not mean "Do and its neighboring farm" but means a dry field attached to the building of this case and its site, and that the lease of this case still exists unless dry field was sold.

However, there is no dispute between the parties as to the fact that the C river 4,050 square meters, which is the site of the instant building, is not owned by the Plaintiff, and it is also based on the purport of the entire video and pleading of No. 9-1, 2, and 3.

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