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(영문) 의정부지방법원 2018.08.16 2016가단120717
토지인도
Text

1. The Defendants:

A. Of the land listed in the separate sheet No. 1, Attached Form No. 7, 30, 31, 32, 33, 9, 34, 34.

Reasons

Defendant F’s judgment on Defendant F’s defense of this case was filed without the resolution of the Plaintiff’s clan (hereinafter “Plaintiff’s clan”). Thus, according to the overall purport of the Defendant F’s testimony and pleading, it can be acknowledged that the instant lawsuit was filed by Defendant F, a legitimate representative, following the resolution of the Plaintiff’s general meeting of the Plaintiff clan on November 9, 2016. Thus, Defendant F’s defense of this case is without merit.

Basic Facts

A. On April 13, 2012, the Plaintiff clan and J concluded a lease agreement between the Defendants on each of the following land (hereinafter “instant land”) with regard to each of the following land (hereinafter “instant land”), with a deposit of KRW 70 million, annual rent of KRW 750,000,000, annual rent of KRW 750,000, and ten years from the date of permission for the establishment of the open-gu park (hereinafter “instant lease agreement”).

The land category area of the owner shall be 1,529,918,635 (27,635) of the Plaintiff’s clan in Sincheon-si, Mapocheon-si, Jpocheon-si, Jpocheon-si, Jpocheon-si, 9,836 2,312 of the Plaintiff’s land size

B. The Defendants paid the Plaintiff clans and J KRW 70 million a lease deposit, occupied the instant land by being handed over, and completed the Hague Facility Construction around September 2013.

C. The J died in around 2013, and succeeded to Plaintiff B, C, D, and E’s netJ.

Plaintiff

B, C, D, and E with respect to M forest land at the time of the above Pocheon-si on June 13, 2013

3.3.Completion the registration of ownership transfer (one-fourth shares, respectively) by reason of testamentary gift.

The Defendants delayed the payment of the rent for the instant land in January 1, 2014 (from January 1, 2014 to December 31, 2014) even though the Defendants paid the rent in January 1, 2014.

E. The Defendants, on January 12, 2014, should have paid the Plaintiff the annual overdue rent of KRW 75 million on January 1, 2014, but, on the circumstances, requested the postponement of payment by April 2014. If the said rent is not paid by the said commitment date, 5% per annum from January 1, 2014, separately from the rent.

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