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(영문) 대전지방법원 2018.02.08 2016가단228021
토지인도
Text

1. The Defendants remove each of the facilities listed in the separate sheet on the land of 2038 square meters on the Daejeon Sung-gu, Daejeon.

Reasons

Facts of recognition

A. On July 4, 2007, the Plaintiff entered into a lease agreement with the Defendants on the rent of KRW 1,300,038 square meters (hereinafter “instant land”) per annum, Daejeon Seo-gu, Daejeon (hereinafter “instant land”) owned by the Plaintiff, and around that time, delivered the instant land to the Defendants.

B. According to the instant lease agreement, the term of lease stipulated as “from July 4, 2007 to the development of the instant land”, and if the instant land is developed in the future, the Plaintiff and the Defendants divided the compensation, etc., and the Defendants decided to receive compensation for obstacles.

In addition, the main contents of the instant lease agreement are as follows.

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the use, structure, etc. of the above real estate or sub-lease, transfer the right of lease or offer the security and use it for any purpose other than the purpose of lease without the consent

Article 4 (Termination of Contract) If a lessee has failed to pay rent more than twice or has violated Article 3, the lessor may terminate the contract.

Article 5 (Termination of Contracts) (1) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

C. After receiving the instant land, the Defendants installed plastic houses, spons, lodging rooms, concrete floors, boilers, and pipes (hereinafter collectively referred to as “instant facilities”) on the ground of the instant land, as indicated in the attached list, on the ground of the instant land.

The Defendants paid the Plaintiff the rent up to July 3, 2017, and possessed and used the instant land as of the date of the closing of the instant argument.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 1, and Eul evidence 1, the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, the plaintiff's assertion to the purport of whole pleadings

A. The defendants' consent.

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