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(영문) 춘천지방법원원주지원 2019.11.28 2018가단302437

토지인도등

Text

1. The defendant is against the plaintiffs:

A. Attached 3 Reference No. 5, 40, 41, 6, and 5 shall be in turn attached hereto, among the 1,16㎡ of Kuju-si E.

Reasons

1. Facts of recognition as the basis;

A. On November 17, 2015, the Plaintiffs received 1/3 shares from G G, which was attached to the land listed in the separate sheet No. 2 (hereinafter referred to as “instant land”) around November 17, 2015, and completed the registration of ownership transfer as to each share on December 11 of the same year. The Defendant owned the building listed in the separate sheet No. 1 (hereinafter referred to as “instant building”) on the ground of 397 square meters in the original land in the instant land, and owned the building listed in the separate sheet No. 3, “B,” “C,” “Ma,” “F,” “F,” and “S” (hereinafter referred to as “the instant occupied part”) as indicated in the separate sheet No. 3.

B. On February 15, 2013, the deceased G entered into a land lease agreement with Nonparty I on the instant land (hereinafter “instant leased land”). The deceased G entered into a land lease agreement with Nonparty I with respect to the instant leased land (hereinafter “instant leased land”) from February 15, 2013 to February 15, 2018, which was after the termination of the land lease agreement with Nonparty I. The deceased G entered into a lease agreement with the Defendant on the instant leased land (hereinafter “instant lease agreement”).

C. After receiving the donation of the instant land, the Plaintiffs succeeded to the status under the instant lease agreement from the deceased G, and notified the Defendant of the termination of the said lease agreement before the expiration of the contract period.

[Ground of recognition] The facts without dispute, Gap 1 through 4 (including the cases with serial numbers; hereinafter the same shall apply), the result of the survey and appraisal of the original branch of the Korea Land Information Corporation in this Court, the result of the market price appraisal of J in this Court, and the purport of the entire pleadings.