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(영문) 창원지방법원 2019.05.23 2018나53884
토지인도
Text

1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the instant land and the building on the second floor thereof (hereinafter “instant building”).

B. On March 1, 2013, the Plaintiff entered into a lease contract with the Defendant (hereinafter “the first lease contract”) stating that the lease deposit amount of KRW 10,00,000 and the instant land [the area of the instant land is KRW 246,00 square meters, KRW 250 square meters, KRW 40,000 per month, and KRW 40,000 per month] among the first floor of the instant building (hereinafter “the instant building”). The Plaintiff entered into a lease contract with the Defendant on KRW 5,00,000 on KRW 10,000, KRW 30,000 per month at its request. The Defendant entered the lease contract with the Defendant on KRW 1st floor with the trade name “D,” and the Plaintiff entered the lease contract with KRW 20,000,000 on KRW 30,000,000 for KRW 30,000,000,000 for KRW 130,000.

On November 2013, the Plaintiff entered into a lease agreement with the Defendant on the condition that part of the instant building 1 floor and the instant land is leased as KRW 5,000,000, KRW 1,000 per month of rent, KRW 1,000,00 per month, and KRW 60 from November 2013 of the lease term (hereinafter “the instant third lease agreement”).

E. Meanwhile, the Defendant entered into the first lease contract with the Plaintiff, and thereafter the instant land to the Defendant was located at the instant store.

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