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(영문) 광주고등법원(제주) 2017.06.07 2015나1538
손해배상(기)
Text

1.In the judgment of the court of first instance, the following payments shall be ordered among the portion of the claim for land transfer and the portion of the claim for monetary payment.

Reasons

1. Basic facts

A. The Plaintiff is a stock company that runs the business of picking, manufacturing, selling, wholesale, retail, etc. of aggregate, and the Defendant is a stock company that runs the business of picking and selling aggregate.

B. On January 21, 2013, the Plaintiff entered into a contract for the lease of land facilities and the supply of aggregate (hereinafter “instant contract”) with the Defendant on each parcel of land listed in the separate sheet (hereinafter collectively referred to as “each of the above parcels of land”) other than the ten parcels of land indicated in the separate sheet (hereinafter referred to as “instant land”).

Article 1 [Scope of Lease of Land and Facilities] In entering into a lease contract of land and all facilities for gathering earth and stones between the plaintiff and the defendant, the details thereof are as follows:

1. Indication of real estate: (a) Seopo-si: Da 17,506 square meters in Seopo-si; (b) Da 17,792 square meters in Seopo-si in Seopo-si; (c) 1,692 square meters in Seopo-si in Seopo-si in Seopo-si; (d) 3,912 square meters in Seopo-si in Seopo-si in Seopo-si; and (e) 3,912 square meters in Seopo-si in Seopo-si in Seopo-si in Seopo-si 3,912 square meters in Seopo-si; (e) 16,046 square meters in Seopo-si in Seopo-si in Seopo City in Seopo-si 1,368 square meters in Seopo-si; and (e) 7,06 square meters in Seopo-si in Seopo-si in Seopo-si in Seopo-si in Seopo-si;

[2] 95,936 square meters

2. The purpose of Article 2 is to produce aggregate to be supplied to S Co., Ltd. (hereinafter “S”) and T (hereinafter “T”) for the purpose of collecting earth and stone by leasing land, authorization and permission rights and all facilities from the Plaintiff for the purpose of collecting earth and stone. The purpose of this Article is to produce aggregate to be supplied to C Co., Ltd. (hereinafter “S”) and C (hereinafter “T”) for the purpose of collecting earth and stone.

(Provided, That the production of aggregate for the manufacture of ready-mixeds shall take precedence over others, and the production and sale of aggregate for other purposes may also be permitted) Article 3 (Land and All Facilities Rent and Term of Lease)

1. Term of lease:

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