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(영문) 대구지방법원 2016.04.22 2014가합9179
퇴거및철거등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) indicate land only by lot numbers below Daegu-gu JJ;

Land for seven parcels, such as large 178.5 square meters, K 25 square meters, L 16.5 square meters, M 86 square meters, M 4.7 square meters, O large 195 square meters, and P 38.5 square meters, etc. on or around March 1996, however, on or around September 28, 2010, the registration of ownership transfer was completed in the Plaintiff’s future.

The registration of ownership transfer is completed in the plaintiff's future due to each trade.

(B) On December 17, 2009, the registration of ownership transfer has been completed in the name of Defendant B Co., Ltd. (hereinafter “Defendant B”) on the ground of each sale around December 17, 2009 with respect to the land on four parcels, including Qand 94.2 square meters, Rand 47.6 square meters, Slux 8.6 square meters, and Tand 4 square meters (hereinafter “instant parcel land”).

Around July 28, 2010, the Plaintiff and Defendant B prepared a land lease agreement with the purport that the Plaintiff would lease seven parcels of land to Defendant B, and the same year around July 30, 2012.

8.1. From January 1 to April 1, 200, only the monthly rent of KRW 6,400 (excluding the value-added tax) has been increased, and the main contents thereof are as follows:

(hereinafter “instant lease agreement”). The agreement between the Plaintiff (A) and the Defendant (B) is concluded as follows:

Article 1(Contract Land) Article 2(Purpose of Contract)A stipulates that a parcel of land shall be leased to 7 parcels of land and that a parcel of land shall be leased to 7 parcels of land and the rent shall be paid to 7 parcels of land.

Article 3 (Purpose of Use) 1 B may construct and own a building on the land of seven parcels.

Article 4 (Period) Article 5 (Lease of 30 from August 1, 2010 to July 31, 2040) ① Rent of 5,00,000 won per month (increased of 6,40,000 won, and separate value-added tax) shall be paid every month, and the method of payment shall be paid to A by means of remittance.

(3) If B does not pay the money referred to in paragraph (1) or does not pay the money more than three times, A may cancel and terminate this contract without any peremptory notice.

The instant building was constructed on seven parcels of land and four parcels of land on a scale of 1 to 12 above ground, and the Defendant around July 10, 2012.

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