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(영문) 전주지방법원남원지원 2016.04.14 2014가합1087

토지인도

Text

1. For the Plaintiff (Counterclaim Defendant):

A. Defendant (Counterclaim Plaintiff) D: (a) KRW 8,896,900; and (b) from June 1, 2015 to September 1, 2015.

Reasons

1. Basic factual basis

A. The current status and ownership relationship of the pertinent land 1) Jan-gun, Jeonbuk-gun, Jeonbuk-gun (hereinafter “J land before partition”) is the J land of 316,096 square meters.

Of the 49,901 square meters, 49,901 square meters was divided into K on December 29, 199, and the said divided land is deemed to be “land prior to division” on December 29, 199.

(2) On December 12, 2013, among the above land, 13,60 square meters was divided into the instant FF land, and 13,605 square meters was divided into the instant land, respectively. (2) On October 30, 2007, the 2,817 square meters in J land was divided into M on the same day, and the instant G land was converted into M on the same day (hereinafter referred to as “G land before division”). The 1,083 square meters in G land was divided into the instant H land on the same day.

3) Meanwhile, the Plaintiffs, as co-owners of J-owned land before subdivision, are “each of the instant lands” in total, including the instant G, H, F, and I land (hereinafter referred to as “each of the instant lands”).

(B) Each of the Plaintiffs and the Defendants owned 237,960/713,880 shares. (B) On December 22, 1998, the Plaintiffs entered into a lease agreement with Defendant E, N, andO (hereinafter “instant lease agreement”). The specific contents of the agreement are as follows.

Indication of real estate (land) lease contract: about 6 mar of forest land area within the territory of Yong-GunJ:

1. A lessee of land shall measure the approximately six parcels of land in the area approved by the lessor in installments at the lessee's expense;

2. The lease period of land shall be 15 years from January 1, 1999 to December 31, 2013.

3. (1) The rent of land shall be for three years from January 1, 1999 to December 31, 2001.

(2) From January 1, 2002 to December 31, 2007, the annual rent shall be 25 Gambs (based on rating 80 km) for six years from December 1, 2007.

(3) From January 1, 2008 to December 31, 2013, the annual rent of 75 Gams (based on 80 kms) is for six years from 1 December 2008.

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