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(영문) 부산지방법원 2015.11.04 2014가합10178
임대차보증금 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) co-owns with the Plaintiff (Counterclaim Defendant) and buildings listed in the attached Table No. 1.

Reasons

1. Basic facts

A. 1) F, the Plaintiff A, operating a restaurant with the trade name of “H” (i.e., the trade name after modification) in the building on the ground of Busan metropolitan Daegu G G, Busan, while operating the restaurant, F, and the Plaintiff A, who is affiliated J and K, and the Busan Metropolitan City L Miscellaneous land 938 square meters (hereinafter “pre-division land”).

(2) On March 31, 2003, the Defendants purchased the land before subdivision from J and K for KRW 1,00,000,000,000 from J and K, and agreed to completely adjust and deliver the F with respect to the land before subdivision and the Plaintiff’s use of the land before subdivision until the remainder payment date, and on May 2, 2003, the land before subdivision was divided into the land listed in paragraph (3) of the attached Table No. 3 (hereinafter “the land before consolidation”) and the land listed in paragraph (3) of the attached Table No. 3 (hereinafter “the land before consolidation”), and the ownership transfer registration was completed with respect to the land before annexation and the land of this case in the Defendants’ name.

3) By the date of the remainder payment of the above sales contract, J and K failed to adjust F and the above land use relationship with the Plaintiff on the land before subdivision. Accordingly, Defendant D filed a lawsuit against the Plaintiff F on February 2, 2004, Busan District Court Decision 2004Kadan8410 (Seoul District Court Decision 2004Gadan10418), Defendant E and the Plaintiff A filed a lawsuit for land transfer, etc. on April 3, 2004 while the said lawsuit is pending, with respect to the land of this case, the land of this case, the third land of this case, and the Busan Shipping Daegu Large 278 square meters (hereinafter “M land”), which are owned by the Defendants, for the settlement plan in the lawsuit (hereinafter “N land settlement plan in the lawsuit of this case”). The main contents are as follows.

Reconciliation in the case of this case

1. Indication of real estate: Four parcels, such as the land prior to annexation, the land of this case No. 3, M, N, etc.;

2. The defendants, the co-owner of the above real estate, F, and the plaintiff A, with respect to the above real estate, shall settle in court with the following contents:

provided, however, that:

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