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(영문) 부산지방법원동부지원 2016.10.20 2015가합2026

문서진정확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On April 18, 1973, the registration of transfer of ownership based on the sale on April 17, 1973 with respect to the land in Busan Southern-gu C (hereinafter “the land in this case”), and on September 24, 2003, the registration of transfer of ownership based on the donation was completed successively on September 24, 2003.

B. On October 31, 2004, E leased the instant land from the Defendant for the period of KRW 100,000,000, monthly rent of KRW 3,000,000, and the period of October 30, 2006, and operated the parking lot from the instant land.

C.F acquired the right to operate a parking lot from E on February 17, 2005 from E in KRW 70,000,000.

On February 25, 2005, G (hereinafter “Selection”) acquired the above parking lot operation right from F, and entered into a lease agreement with the Defendant on the condition that the instant land was leased with a deposit of KRW 100,000,000, monthly rent of KRW 3,000,000, and the period of February 28, 2005, and paid KRW 100,000,000 to the Defendant on the same day.

E. On January 11, 2007 with respect to the land of this case, the Appointor concluded a lease contract with the Defendant, which was set as KRW 100,000,000 per deposit, KRW 3,500,00 per month, and the period from March 1, 2007, and KRW 150,000,000 per deposit on January 21, 201, and KRW 4,50,000 per month, and the period from March 1, 2010.

F. On February 22, 2013, the Appointor concluded a contract to lease the instant land with the Defendant at a deposit of KRW 150,00,000,000 per month, KRW 4,80,000 per month, and the period from March 1, 2013 to 36 months (hereinafter “instant lease contract”) and agreed to the effect that “if the lessee and the lessee wish to terminate the instant lease within the contract period due to the circumstances of the lessor and the lessee, he/she shall notify the lessee and the lessor thereof at least three months prior to the contract period (Article 9).”

G. The Appointor, along with the Plaintiff (Appointed Party; hereinafter “Plaintiff”), shall pay a fee parking lot from May 25, 2005 to the instant land.