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(영문) 대구지방법원 2019.11.01 2018가단114904

소유권이전등기

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1. Defendant B shall implement the registration procedure for the destruction of real estate listed in the attached Table 1 list to the Plaintiff.

2...

Reasons

1. Basic facts

A. A. On July 1998, Nonparty G newly constructed a 41.5 square meters of a residential facility repair shop in the 1st floor of the Gyeongdong-gu, Daegu-gu (hereinafter “F land before division”) 462.2 square meters (hereinafter “the building of this case”). Defendant B completed the registration of ownership transfer on October 14, 1998 with respect to the building of this case on the ground of sale on October 14, 1998.

The leased article shall be used for the purpose of the office, and shall be returned to the original state at the expiration of the lease term.

The premium agreement shall not be made.

A lessee shall not be allowed to transfer to another person.

B. On June 2, 2003, the Plaintiff entered into a lease agreement (A evidence 2; hereinafter “instant lease agreement”) with Defendant B, who represented by the said Defendants on the F land before the split-off by Defendant C, D, and E, with a deposit of KRW 10 million, monthly rent of KRW 700,000,000 from June 20, 2003 to June 19, 2008, and entered into the following special agreement.

C. The building No. 1 of this case was destroyed between October 31, 2002 and September 2003, and the Plaintiff constructed a new building on the site where the building No. 1 of this case was located (hereinafter “new building of this case”). D around September 2003.

On September 3, 2004, the Plaintiff made an agreement with Defendant C, D, and E (hereinafter “instant agreement”) on the following terms and conditions with Defendant B who represented by Defendant C, D, and E:

1. The term of the instant land contract from 2003 to 2008

2. It agrees to receive the monthly rent of one million won from 2005.

3. Property tax on a building shall be paid by the lessor in paying it by the lessee.

4. In dividing land according to the business conditions, the documents necessary to be divided shall be prepared by the lessor, and all expenses shall be borne by the lessee.

5. When the contract period expires, it shall be restored to its original condition, such as the combination of land and the removal of buildings, as the lessor wishes; and

E. The F land before subdivision shall be the land before subdivision of 204.