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(영문) 대전지방법원 2014.06.25 2012가합33758

토지인도등

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the buildings listed in the separate sheet; b.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is a corporation that aims to provide early childhood education (the previous objective was to provide early childhood education and secondary education, and the purpose was changed as of August 23, 2005), the director of E was the representative from January 20, 200 to February 23, 2005, and from February 23, 2005, F was the wife of F from February 23, 2005, from September 14, 2007, and again from June 21, 2010 to June 21, 2010, and F was the representative director of the plaintiff.

On November 15, 1996, the Plaintiff: (a) leased land of 7,533 square meters in the Dong-gu Seoul Special Metropolitan City I, which was owned by the Plaintiff (hereinafter “private teaching institute of this case”); and (b) concluded a contract between H and the private teaching institute of this case on November 15, 2004, with a fixed period of 7,133 square meters in size; (c) K miscellaneous land of 2,076 square meters in size; (d) 3,014 square meters in L, forest of 3,014 square meters in size; (e) 590 square meters in size in land of O (Gu parcel number P); (e) 174 square meters in land of Q 19,84 square meters in land (hereinafter “private teaching institute of this case”), which was owned by the Plaintiff; and (e) concluded a contract between H and H 15 million won in terms of renewal of the lease; and (e) concluded between H and the private teaching institute of this case.

E, who did not want the renewal of the lease any longer after the expiration of the lease term, proposed that R (the husband of S, who is the representative director of the Defendant, was divorced on September 18, 2007) who had a pro rata (the husband of S, who was the Defendant representative director, was divorced on September 18, 2007) lease the instant private teaching institute site from the Plaintiff as owned by the Plaintiff, and C, 2,398 square meters (hereinafter “instant land”) and D, 4,001 square meters (hereinafter “instant two land”).

Accordingly, R established a defendant company on October 16, 2003 for the purpose of operating a strike-based golf course and an outdoor golf driving range in each of the above lands, and E on October 20 of the same month between the defendant representative director S and the plaintiff on the 20th of the same month, and the defendant on the 1 and 2th of the instant case and the instant private teaching institute site were 20 million won, monthly rent-based 10 million won, and the period of 'the instant private teaching institute site'.