토지사용승낙
1. The part concerning a counterclaim in the judgment of the first instance shall be revoked;
2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).
1. The scope of the judgment of this court is limited to the part concerning the counterclaim among the judgment of the court of first instance, since only the defendants filed an appeal against the part of the judgment of the court of first instance that rejected all the plaintiff's main claim and the defendants' counterclaims.
2. Basic facts
A. Each land and building indicated in the separate sheet (hereinafter “instant land”) are co-owned real estate owned by the Defendants, which completed the registration of ownership transfer with respect to each 1/2 share on May 30, 2012.
B. On June 21, 2012, the Defendants notified the Plaintiff that he/she had no intent to renew the lease contract after the expiration of the lease term. However, the Plaintiff did not deliver the leased part to the Defendants even though the lease term for the above part of the first floor expires.
C. Accordingly, the Defendants filed a lawsuit against the Plaintiff on the claim for the delivery of a building, etc. as Seoul Central District Court Decision 2012Kadan5411, and the said court rendered a judgment on June 5, 2013 that “the Plaintiff shall receive from the Defendants the remainder of the amount calculated by deducting the said first floor from KRW 44,90,000 to KRW 3,000 per month from the delivery date, and at the same time, deliver the said building.”
Both the Plaintiff and the Defendants appealed to the above judgment, but (Seoul Central District Court 2013Na30119), August 28, 2013, the following agreements were made (hereinafter “instant agreement”) and all appeals were withdrawn.
Of the instant agreements, the parts relating to the instant agreement are as follows.
Agreements
2. The Plaintiff received 180,000,000 won from the Defendants separate from the deposit, and at the same time, deliver the “F” store of the first floor of the instant building in operation of the Plaintiff, which is the subject of the dispute in the Seoul Central District Court 2013Na3019, Aug. 31, 2013, to the Defendants by August 31, 2013.
The time of delivery shall be adjusted in accordance with the schedule for remodeling (large-scale repair) of the defendants.