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(영문) 서울중앙지방법원 2019.07.17 2018가합547885

토지인도

Text

1. From April 16, 2019, the Defendant (Counterclaim Defendant) F in the principal lawsuit against the Plaintiff (Counterclaim Plaintiff), Plaintiff B, C, and D (Counterclaim Plaintiff) was removed and removed.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On March 9, 2011, Defendant F Co., Ltd. (1) concluded a land lease contract and newly constructed a building to operate a car center and a Sejong Deputy Director, etc., Defendant F Co., Ltd. (hereinafter collectively referred to as “each of the instant lands,” including the Plaintiff and the Suwon-gu, Suwon-gu, J. 2,202 square meters, K 267 square meters and 267 square meters (attached Form No. 3), and L previous seven square meters (attached Form No. 34) (hereinafter referred to as “each of the instant lands”).

(C) The term of the lease deposit is KRW 120 million, monthly rent of KRW 8 million, and the term of the lease is from May 13, 2011 to May 13, 2018 (hereinafter “instant lease agreement”).

(2) The main contents of the instant lease agreement are as follows.

1. The lessor shall organize up to March 31, 201 so that lessee may construct the land subject to the contract.

2. The name of a new building to be built shall be the lessor, and the lessor shall recognize the remaining value by appraising the lessee as the facility cost at the time of lease maturity;

Provided, That it shall not exceed 25 million won.

4. The sewage treatment charges shall be borne by the lessee and shall be paid by the lessor to the lessee upon maturity;

Other charges shall be borne by the lessee.

6. The lessor shall actively cooperate with all activities concerning the construction of a new building and the commencement of automobile-related business;

8. Where a lessor continues to lease at the expiration of the lease term, he/she shall preferentially lease such lease to the current lessee, if such lease is the same condition;

10. A lessor shall, within the extent that he/she has concluded a contract with a lessee, respond to the preparation of a dispersion contract by sector to a third party desired by the lessee;

11. For cases contracted with M on December 7, 2010, the lessee shall bear part of the amount of compensation and expenses incurred in cancelling the contract with M.

(2) On July 6, 2011, J. 2,202 square meters prior to Suwon-si, Suwon-gu, Suwon-si was divided into 987 square meters prior to J. 6, 201, and 1,215 square meters prior to J. The 987 square meters prior to J were further divided into 983 square meters prior to J on September 27, 201 (attached Form 3(1) and 4 square meters prior to J. 3).