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(영문) 수원지방법원 여주지원 2018.07.11 2016가합5664

토지인도

Text

1. Defendant C:

A. Of each land listed in the separate sheet Nos. 1 and 2, the Attached Map No. 1, 2, 4, 4.

Reasons

1. Basic facts

A. At around 1994, E leased to Defendant C the land No. 800 square meters in E-si F Forest No. 13,443 square meters, and No. 4 in attached Table No. 1994 to the lease period from 194 to 2005.

B. On May 15, 2003, E donated land No. 4 of the attached table No. 13,443 square meters to the Plaintiff, who is an ASEAN, and on July 8, 2003, to Plaintiff B, the spouse of Plaintiff A, the spouse of Plaintiff A, respectively.

After that, the above F forest land was divided into each land listed in No. 1-3 of the annexed Table No. 1 to 443 square meters.

C. On behalf of the plaintiffs, around January 2005, E entered into a lease agreement on behalf of the plaintiffs with Defendant C by setting the lease period from January 2005 to October 6, 2015 (hereinafter "the lease of this case") as to each land listed in [Attachment No. 1-4], and, in case where individual land is referred to, “the land of this case” according to the [Attachment No. 350,000] monthly rent (it is changed to KRW 4,200,000 a year from around 208, and KRW 6,240,000 a year from around 208) and the building listed in [Attachment No. 5] List No. 5 (hereinafter “the building of this case”) to be newly constructed on the land of this case from January 2005 to October 6, 2015. In this special agreement, Defendant C determined that it owns the land after October 10.

On June 21, 2005, Defendant C newly constructed the instant building on the ground of the instant land No. 3 and completed registration of initial ownership.

At present, on the ground of the instant land Nos. 1 and 2, the building (a) on the part of the instant land connected to each point of No. 1, 2, 4, 5, 6, and 1 attached Table 1 drawings owned by the Defendant C, and the building on the ground of the instant land No. 3, which connects each point of No. 1 drawings No. 7, 8, 9, 10, and 7 attached Table 1 drawings owned by the Defendant C to each point of No. 7, 8, 9, 10, and 11, 12, 13, 14, 15, and 11 of the attached Map No. 3, the building on the ground of the instant land (b) on the part of the instant land (hereinafter referred to as “instant building”), which connects each point of No. 3, 11, 12, 14, 15, and 11.