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(영문) 서울중앙지방법원 2017.08.31 2016가합565209

소유권확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Fact-finding;

A. On March 20, 2006, the Plaintiff and C entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 180 million, monthly rent of KRW 650,000,000, and the lease term of KRW 9 years from July 1, 2006 to June 30, 2015 (hereinafter “instant lease agreement”).

The plaintiff, C, and the defendant set the monthly rent as 3.3% per annum in the instant lease agreement and raised 10% per annum every three years. The plaintiff and C, a lessee, newly built a building on the ground of the instant site in the name of the defendant who is the lessor, completed registration of preservation of ownership, and used it during the lease period, and reinstates it after using it during the lease period. Within one month after the expiration of the lease period, the tenant did not remove the building and restore it to its original state without any separate declaration of intention.

B. In accordance with the instant lease agreement, the Plaintiff and C newly constructed a building to operate the automobile maintenance plant on the ground of the instant site (hereinafter “instant building”) and completed the registration of initial ownership on March 29, 2007 under the name of the Defendant.

On May 24, 2010, the Defendant donated 1/2 shares of the instant land and building to F spouse of F, and completed the registration of ownership transfer to F on May 26, 2010 on the ground of the said donation.

C. On June 30, 2015, the Plaintiff requested the Defendant to file a report on the removal or destruction of the instant building on July 3, 2015 and on July 27, 2015 to remove the instant building upon the expiration of the instant lease agreement. However, the Defendant rejected the request on the ground that there was no agreement between the Plaintiff and C on the removal or destruction of the instant building, and the Defendant concluded a new lease agreement with C on the instant building site.