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(영문) 서울고등법원(춘천) 2017.09.06 2017나75

유익비

Text

1. Of the judgment of the court of first instance, the claim of KRW 137,755,50 in the dismissal part of the plaintiff's dismissal claim is changed from the trial to the preliminary claim.

Reasons

1. Basic facts

A. The Plaintiff is F’s children of F’s private village G.

The defendant is F and friendly family members.

B. F is the owner of 2,038 square meters in Gangnam-si E Miscellaneous land (hereinafter “E land”), and the Defendant is the owner of 2,909 square meters in Gangnam-si, the neighboring land, and the Plaintiff is the owner of E-land and is the owner of E-land.

다. 원고는 2007. 4. 4. 피고로부터 이 사건 토지 중 별지 도면 표시 ①, ②, ③, ④, ①의 각 점을 순차로 연결한 선내 ㉮부분 1,322㎡(≒ 400평)를 차임 연 300만 원 및 아래와 같은 조건으로 임차(이하 ‘이 사건 임대차계약’이라 한다)하였다.

Article 3 Names of Real Estate on June 1, 2007

(v)the period of the preceding half-year of Article 4 (Monthly) shall be seven years from the date on which the lessee has ordered the lessee to surrender the property and shall be extended to five years;

Article 5 The lessee may be reconstructed or altered under the approval of the lessor, but it seems that the date of conversion of real estate is a clerical error in the "return date".

(1) The original restoration key at the expense of the tenant before

(b) append two copies of a written consent to land use and two certificates of seal impression together with a contract;

On April 5, 2007, the Defendant issued to the Plaintiff a written consent to land use and a certificate of seal impression pursuant to the instant lease agreement.

The Plaintiff used the written consent to land use and a certificate of personal seal impression, and applied for development activities (such as changing form and quality) under the National Land Planning and Utilization Act, which prescribes the purpose of development activities as “automobile-related facility site (sale site)” with respect to the land in this case, and the Gangseo-gu Mayor notified the Plaintiff of the permission for development activities on April 30, 2007.

E. Accordingly, the Plaintiff used the instant land as a car sales place and a parking lot after a short-term motor vehicle driving on the instant land.

After that, F is the land of E, the Plaintiff’s rent of KRW 42 million to D Co., Ltd. (hereinafter “D”) on April 30, 2015, and the lease period.