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(영문) 서울중앙지방법원 2016.09.29 2015가단120213
토지인도
Text

1. The defendant shall give order to the plaintiff each point of entry 4, 5, 6, 7, and 4 of the annexed drawings among the 63m2 in Gangnam-gu Seoul Metropolitan Government 3m2.

Reasons

1. Facts of recognition;

A. The Gangnam-gu Seoul Metropolitan Government 3m2 is owned by the Republic of Korea, and D 67m2 adjacent thereto is owned by E.

B. On December 1, 201, the Plaintiff entered into a loan agreement with the Republic of Korea as KRW 1,370,600 per annum on December 30, 201 with respect to 44 square meters among 63 square meters in Seoul, Gangnam-gu, Seoul, and entered into a lease agreement between the Republic of Korea and the Republic of Korea on November 30, 201, and received a loan. From around 2000, the Plaintiff entered into a lease agreement with E with respect to 67 square meters adjacent thereto.

C. On October 201, the Plaintiff entered into a sublease contract with the Defendant to sublease the said two parcels of greenhouses over the said land to the Defendant. On October 31, 2013, the Plaintiff, on the said sub-lease object, indicated the “Seoul Gangnam-gu D 30 square meters and the “30 square meters in a vinyl 30 square meters in a plastic house” (hereinafter referred to as the “sub-lease object”) under the contract with the Defendant, re-determined the said sub-lease by setting the rent of KRW 4.5 million per annum between the Defendant and the period of October 31, 2015.

(hereinafter referred to as the "sub-lease of this case").

Unlike the indication of the contract in fact, the object of the instant sub-lease includes not only the Seoul Gangnam-gu Seoul Metropolitan Government D, but also the area of 19 square meters in part on the ship connected with each point of 4,5,6,7, and 4 in the annexed drawing among the area of 63 square meters in Gangnam-gu Seoul, Gangnam-gu, Seoul (hereinafter “instant land”). The corresponding part on the D ground in Gangnam-gu, Seoul is not only the area of 22 square meters, but also the area of the instant land is larger than the area of 30 square meters indicated as the area of the instant sub-lease as 41 square meters if the portion on the ground of the instant land is combined with the area of 19 square meters, but the corresponding part on the land of the instant sub-lease was also the object of the instant sub-lease in combination with the corresponding part on the DD 22 square meters in Gangnam-gu, Seoul, and the aforementioned difference in the area occurred due to the Defendant’s expansion of the object of the instant sub-lease after the instant sub-lease.

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