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(영문) 서울고등법원 2018.01.12 2017나2046340

유치권존재확인 청구

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

Basic Facts

H, on December 9, 2013, decided to jointly operate a campingr business in each real estate listed in the separate sheet No. 1 (hereinafter “instant land”) between Company I and Company I, and entered into a joint business agreement with the said Company, and granted the said Company the authority to install construction facilities for campingr business, and was appointed as corporate director of the said Company.

On February 28, 2014, the above company changed its trade name to the J of Incorporated Agricultural Company Co., Ltd. (hereinafter “J”).

H entered into a contract with J on April 20, 2014, under which the contract described in the foregoing paragraph (a) was amended to a lease contract and a land sales contract (hereinafter “instant contract”).

H and J shall enter into a contract between themselves as follows in carrying out camping projects within the land of this case as follows:

In addition to the terms of the contract, the amendments and additions shall be applied to the contract, and the seal imprint shall be affixed to the seal imprint of H and J, and it shall be confirmed under this contract that the same legal effect as the existing contract has occurred, and all the contracts shall be final

2. Change to a lease agreement and the standard lease period for rent: The deposit for the method of paying the deposit and monthly rent from the contract period to December 31, 2018: 10 million won/ monthly rent of KRW 4 million (the date of payment of the deposit: August 20), but from May 20 to August 20, 201, it shall be paid to H in the passbook at the rate of KRW 7 million on May 20 to August 20.

3. The transaction price of the land: (a) the land transaction price of the land at the rate of 1.1 million won per square meter; (b) the transaction price of the land at the rate of 1,770 square meters; (c) the land transaction at the rate of 1.1 million won per square meter: August 20, 2014 - the land transaction at the rate of 3,200 square meters: the land transaction terms and conditions (five years for the lease period): the purchase of the land at the rate of 3,200 square meters per deposit at the end of the contract; (d) the purchase of the land at the rate of 10 million won per month at the rate of -3 months at the end of the contract; and (e) the lessor shall give priority to the lessee

5. Details of the special agreement; and