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(영문) 전주지방법원 2018.10.10 2016가단22563

토지인도

Text

1. The Defendants jointly do so to the Plaintiff:

A. In the case of Jeonju-si E 331 square meters and 961 square meters prior to F, the annexed drawing 1 and 1.

Reasons

1. Facts of recognition;

A. On January 7, 2005, Defendant B entered into a lease contract (hereinafter “existing lease contract”) with respect to the lease deposit amount of KRW 20,000,000, monthly rent of KRW 300,000, monthly rent of KRW 300,000, and the lease term of KRW 300,000,00 with respect to the lease deposit with respect to the previous land owned by the said G, Jeoncheon-gu E-gu, Seoul Special Metropolitan City, which was used as “H” as the site at the time, for the period from January 7, 2005 to 24 months, and subsequently, the existing lease contract was explicitly renewed.

B. On December 22, 1989, the Plaintiff: (a) donated one-third share of 1/3 of the instant land among the instant land from the foregoing G on December 22, 1989, and completed a share transfer registration under the receipt No. 8085 on December 29, 1989; and (b) purchased the said I share (1/3) from the I, one of the co-owners of the said land at the time of August 23, 2015, and completed the said transfer registration as of September 21, 2015 by the same registry office as the receipt of 118034 on September 21, 2015.

In addition, on February 20, 2015, the Plaintiff received legacy of 961m2 before Jeonju-si, Jeonju-si, Seoul, and completed the registration of ownership transfer with respect to the pertinent land as the head of Jeonju District Court No. 30000, Mar. 13, 2015, which was charged with the all-round indictment of Jeonju District Court.

C. On May 1, 2015, the Plaintiff acquired shares or ownership in the instant land. On May 1, 2015, the Plaintiff entered into a lease agreement with Defendant B, setting the lease agreement for the purpose of using the instant land as a parking lot, monthly rent of KRW 400,000, and the lease term for the instant land for a period from May 1, 2015 to 12 months (hereinafter “instant lease agreement”). At the time of entering into the instant lease agreement, the Plaintiff and Defendant B agreed that the instant lease agreement shall be terminated automatically after the expiration of the lease term and may be extended under mutual agreement.

The Plaintiff is expected to terminate the term of the instant lease, and on February 11, 2016, the Plaintiff verbally against Defendant B.