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(영문) 서울서부지방법원 2015.01.06 2014가단30363

토지반환

Text

1. The defendant shall be the plaintiff.

(a) the delivery of land listed in the separate sheet;

(b) KRW 1,400,000 and as regards it, July 2014.

Reasons

1. The facts of recognition are co-ownership of the Plaintiff and his children, D, E, and F, who were inherited in 1976, in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant site”), and in the case of entering another neighboring land, the Si/Gun/Gu is omitted, and the Si/Gun/Gu is indicated only to the same extent).

Co-ownership is 2/6 each of the plaintiffs, D, E, and F.

The plaintiff is delegated by children D, E, and F with all of the management and preservation activities of the site of this case and is engaged in management and preservation activities on behalf of co-owners.

G on March 13, 1997, two pieces of land adjacent to each of the instant land, including H large 43 square meters, I large 149 square meters, and two-story neighborhood living facilities and housing. On April 22, 1997, G leased from the Plaintiff, representing co-owners on April 22, 1997, the land indicated in the separate sheet, which is part of the instant land, to the rent of KRW 800,00,000 (no deposit), which is the part connecting the said building with the neighboring road (hereinafter “the instant car center”), (i) the land indicated in the separate sheet, and (ii) the part of the attached sheet, which connects each point of 1,10,96,00 square meters among H large 43 square meters, which is a part of the instant land, and installed the instant car center or is used and used as a simplified building attached to the instant land.

On October 20, 2012, the Defendant retired from office at the instant car center and entered into a contract with G as follows, and received the instant car center’s business transfer from G.

- Object of lease: H and I building of the car center in this case as well as its site - No security deposit shall be paid in return for the waiver of retirement benefits - Premiums: Value 10,000,000 won paid by the Defendant as premium - Rent amounting to KRW 1,50,000 per month (payment on October 20: October 20, 2012) - From October 20 to October 20, 2015, the Defendant completed a new registration of automobile maintenance business under the trade name “J” and thereafter from November 16, 2012 to October 20.