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(영문) 전주지방법원 2018.11.16 2017가단25095

임차권존재확인청구

Text

1. Defendants C, E, F, G, H, I, J, and L respectively with respect to KRW 1,393,801 against Plaintiff B and the Defendant C, E, F, H, I, I, and L with respect thereto. < Amended by Act No. 15035, Mar. 1, 2017>

Reasons

1. Basic facts

A. On December 21, 1998, the Plaintiffs and Defendant C, E, F, G, H, I, J, L, M, N, N, andO jointly sold the instant building on December 21, 1998, and the Plaintiffs, Nonparty N andO completed the registration of ownership transfer as to each of the instant building’s 1/22 shares, and the Defendants and Nonparty M purchased 2/22 shares among the instant building on February 4, 2004 and completed the registration of ownership transfer on February 11, 204, and Defendant D purchased the instant shares from P on April 18, 2016 and completed the registration of ownership transfer on April 25, 201.

3) Plaintiff B sold all 1/22 shares of the instant building to Q on December 17, 2008, and completed the registration of ownership transfer in Q Q in the same day. Plaintiff A completed the registration of ownership transfer on May 23, 2012 with respect to the said shares of Q on the same day as the sale by voluntary auction on May 23, 2012. Defendant CK completed the registration of ownership transfer on August 5, 201 due to the sale by compulsory auction as to the shares ofO among the instant real estate on August 5, 201.

5) Defendant F purchased 1/22 shares of N’s instant building on February 7, 2016 and completed the registration of ownership transfer on February 9, 2017.6) As of February 6, 2017, Defendant F’s share ratio of ownership of the instant building is as listed in attached Table 2.

B. Of the instant building, a lease contract was concluded on August 23, 2002 between the Plaintiffs and N, and N, and O on August 22, 2004, with regard to the instant building (hereinafter “instant building”) Nos. 3 (R & S) of Map Nos. 1 and 13 (hereinafter “instant building”) as the lease deposit amount of KRW 80,00,000,000, and the term of lease was from August 23, 2002 to August 22, 2004.

2) The lease agreement mentioned in the above Paragraph (1) is implicitly renewed, and around September 2007, the real estate for the purpose of the lease agreement mentioned in Paragraph (1) is the third floor of the instant building and the third floor of the instant building.