지상물 매수 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On November 14, 2002, the Plaintiff entered into a contract with the Defendant on the following terms (hereinafter “instant contract”) with regard to four lots of land, including the area of 618 square meters, etc. (hereinafter “instant land”), including the area of 618 square meters, in Jung-gu, Jung-gu, Seoul (hereinafter “instant land”) and five and one manager manager (hereinafter “the two managers, etc.”)
The Defendant sells to the Plaintiff the two accounts of this case in the amount of KRW 70 million.
The plaintiff paid the down payment of KRW 9 million on the day of the contract, and the remainder shall be paid on December 30, 2002 at the same time as the delivery of the Gyeyang site from the defendant.
The defendant shall lease the land of this case to the plaintiff with a fixed term of 2 million won per annum and 10 years of lease term.
The instant contract expired on December 30, 2012, and on December 31, 2012, the term of lease was expired, and on December 31, 2012, the Plaintiff entered into a contract with the Defendant to renew the instant contract with the following terms (hereinafter “instant renewal contract”).
The Defendant shall lease the instant Gyeyang and the instant land to the Plaintiff by setting the rent of KRW 10 million per annum, the lease term from January 1, 2013 to December 31, 2015.
On December 31, 2015, the Plaintiff transfers to the Defendant, a lessor, the authority of the instant quantitative center and all materials at the expiration date of the contract.
On the other hand, on March 7, 1996 with respect to the land of this case, the ownership transfer registration was made in the defendant's future on June 2, 2001, and the ownership transfer registration was made on June 1, 2001, which was the defendant's birth, and thereafter on December 5, 2011, the ownership transfer registration was made in the defendant's future on December 6, 201.
[Reasons for Recognition] Facts without dispute, Gap 1, 3 evidence, Eul 1 and 10 evidence (including numbers), and the plaintiff's assertion of the purport of the whole pleadings, the contract of this case is below the contract of this case as to the two fraternitys (hereinafter "the contract of this case") and the lease contract as to the land of this case.