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(영문) 광주지방법원 2016.02.05 2015가단22736

동산인도 등

Text

1. The defendant shall have one vinyl house in the lower part among the vinyl houses No. 2 in the annexed list No. 2 to the plaintiff.

Reasons

1.In fact, a lease agreement shall be concluded between the Plaintiff (Plaintiff) and the Defendant (Defendant) as follows:

1. Real estate indicated in each of the instant real estate;

2. Rent and payment method: Three-year writing tax, 150,000 won;

3. B shall use the instant real estate as the fish farm.

4. The lease period shall be three years from April 15, 201 to April 14, 201;

6. To sell to the lessee three years after the expiration of the lease term;

On March 31, 2011, the Plaintiff entered into an agreement with the Defendant on the following terms: (a) the Defendant leased the said real estate from the Plaintiff for three years to operate the fish farm; and (b) upon the expiration of the lease period, the Plaintiff entered into an agreement with the Defendant to sell it to the Defendant (hereinafter “instant agreement”); (c) the Plaintiff entered into a lease agreement with the title “the lease agreement”).

B. Since then, the Defendant operated the fish farm with the trade name “C” from each of the instant real estate.

C. On April 14, 2014, the Defendant expressed his intent to purchase each of the instant real estate to the Plaintiff.

Then, the Defendant filed a lawsuit against the Plaintiff on the ground that a sales contract was concluded between the Plaintiff and the Defendant with respect to each of the instant real estate as the Gwangju District Court 2014Kadan22340, and on February 5, 2015, the said court held that the content of the instant agreement included a sale similar agreement with the Plaintiff to grant the Defendant the right to complete the purchase and sale of each of the instant real estate for three years, a lease term of which is three years. As long as the Defendant expressed his/her intent to purchase each of the instant real estate to the Plaintiff, it is reasonable to deem that the sales contract was concluded between the Plaintiff and the Defendant by such declaration of intention.