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(영문) 인천지방법원 2014.02.14 2013가합32426

소유권이전등기말소 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 197, 1997, the Incheon Transport Corporation (the former local government-invested public corporation: Incheon Terminal) newly constructed and completed a terminal, department store, and store building on the land indicated in the attached Table 1’s real estate list invested by Defendant Incheon Metropolitan City. 2) On March 201, the Incheon Transport Corporation completed the construction of a building listed in paragraph 2 of the attached Table 1’s real estate list by extending a ladra’s part and a parking tab, etc. < Amended by Presidential Decree No. 23288, Mar. 3, 2011>

3) In the process of the construction and extension of the foregoing new construction, the Incheon Transport Corporation shall provide the Plaintiff with the Flag, Dong, etc. before the department store was extended (hereinafter “existing part of this case”).

A) B From November 20, 1997 to November 19, 2017, the extended part of the trademark and the parking with the vehicle parking with the extended part during the lease period (hereinafter “instant extension”).

A) From March 11, 2011 to March 10, 2031, the term of lease was respectively set and leased, respectively. 4) The Plaintiff completed the registration of establishment of chonsegwon by the end of March 10, 2031, with respect to the land portion, etc. of the Flara, Dong, and its site prior to the extension of the said department store. (4) The Plaintiff completed the registration of establishment of chonsegwon by the end of 108,474,31,90 won, the duration of the lease on a deposit basis as of November 19, 2017, the extension part of the said Fla, which was additionally leased, and the extension part of the said building site as of November 19, 2017.

On the other hand, the lease deposit for the existing portion and the extended part of this case is the total of KRW 1,57.4 billion as of February 24, 2012, and the rent is KRW 14.1 billion per annum.

5) The Plaintiff’s existing parts and extension parts of the instant case are department stores (Seoul department stores; hereinafter “instant department stores”).

B) The Defendant Incheon Metropolitan City is operating a business. B. (1) As of the year 201, the debt ratio among local governments reaches the highest level among the local governments, and the year 207,40.2 billion won of the scale of the live 6.6,06.3 billion won of the amount of the debt as of the year 2011.