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(영문) 광주고등법원 2015.09.11 2014나4728
토지인도 등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim against the defendants is dismissed.

3. The total cost of the lawsuit shall be individually counted.

Reasons

1. On December 30, 2012, the Plaintiff entered into a lease agreement with Defendant B, with the following terms: ① 860 square meters in netcheon-si, ② E 1,292 square meters in size; ③ F miscellaneous land 62 square meters in size (attached property indicated in paragraph (1)); ④ 4.9.06 square meters in luxical structure, luxal structure, luxal lux roof general restaurants, and 57.4 square meters in luxal luxal roof general restaurants (the actual building area appears to have been wider than that recorded in the register):

(hereinafter “instant lease agreement”). After that, (1) the land was combined on March 24, 2014 and became D large 2,152 square meters (the land indicated in paragraph (2) indicating attached real estate), and (4) the building was registered as a building on April 3, 2014 due to the extension or alteration of the purpose of use on the ground of the ground of the extension or alteration of the use.

The part of the land indicated in paragraphs 1 and 2 and the part of the building listed in paragraph 3, which was the object of the original lease agreement of this case, is referred to as the "cafeteria of this case".

(1) Article 1 (Lease Deposit): The annual rent of KRW 20 million shall be paid KRW 1.7 million on the first day of each month. Article 4 (Lease Term): From January 1, 2013 to December 31, 2014 (Right of Termination of Contract) (1) The lessor may terminate the contract when the lessee delays at least twice a monthly rent. Article 11 (Special Provisions) (1) The lessor shall terminate the contract when the lessee delays at least twice a monthly rent. (1) The lessor shall complete permission, approval, and reporting on the use of the relevant river from the end of April 201 to the end of April 3, 2013;

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