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(영문) 전주지방법원 2019.12.12 2018나10305

토지인도

Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant shall pay to the plaintiff KRW 7,299,956.

Reasons

1. Facts of recognition;

A. On January 7, 2005, the Defendant entered into a lease agreement with the deceased (hereinafter “the deceased”) on the lease deposit amount of KRW 20 million, monthly rent of KRW 300,000,000, and the lease term of KRW 300,000,000,000 from January 7, 2005 to KRW 24,000,000,000,000,000,000,000,000,0000,000,0000,000,0000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000

B. On December 22, 1989, the Plaintiff, a deceased’s son, donated 1/3 shares of the instant land from the deceased, and completed the transfer registration in the Plaintiff’s future on the 29th of the same month. On August 23, 2015, the Plaintiff purchased shares from I, a co-owner of 1/3 shares of the said land, and completed the transfer registration in the Plaintiff’s future on September 21, 2015. ② On February 20, 2015, the Plaintiff received a legacy of the instant land No. 2 from the deceased, and completed the transfer registration in the Plaintiff’s future on March 13, 2015.

C. On May 1, 2015, after acquiring the shares or ownership of each of the instant lands, the Plaintiff entered into a lease agreement with the Defendant on May 1, 2015, stipulating that each of the instant lands shall be leased for a fixed period of 20 million won, parking lot for lease use, monthly rent of KRW 400,000,000, and from May 1, 2015 to 12 months (hereinafter “instant lease agreement”).

At the time, the Plaintiff agreed with the Defendant that “the instant lease agreement shall be terminated automatically after the expiration of the term, and may be extended under mutual agreement after mutual agreement.”

On February 11, 2016, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease contract, and on February 15, 2016, the Plaintiff again notified the Defendant of his/her intention to renew the instant lease contract.