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(영문) 서울동부지방법원 2016.04.07 2013가합12875
토지인도
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. On January 27, 2011, the Plaintiff entered into a lease agreement with the Defendants, one’s own children, to lease the instant land owned by the Plaintiff (hereinafter “instant lease agreement”).

around that time, the Plaintiff transferred the instant land to the Defendants, and received the said lease deposit from the Defendants.

The main contents of the instant lease agreement are as follows.

Article 2 Lessee notified the lessor of the construction of a building on the land of this case (the neighboring residential facilities and residential purposes) for the use of the building, and the lessor consents thereto.

Article 4 Deposit shall be KRW 136,000,000, and shall be paid to the defendants at the time of termination of the lease.

In addition, the rent shall be KRW 1,400,000 per month, and the rent for the current month shall be paid to the lessor by the end of each month.

The term of this lease agreement under Article 5 of this Act shall be two years from February 16, 2011, with the aggregate of 136,000,000 won 1,400,000 won and 136,000,000 won and 1,40,000 won and 1,55 stories of the building used in the first or second floor of the building in which monthly rent 54,40,00 won and 560,000 won and 81,60,000 won and 3,000 won and 1,4,000 won.

Provided, That upon the expiration of the period, it may be renewed through consultation between the plaintiff and the defendants.

If the lessee of Article 6 fails to pay rent for at least three months, is declared bankrupt, or is not performed despite the peremptory notice of the plaintiff in violation of each of the provisions of this contract, the lessor may terminate the lease contract.

B. The Defendants removed the instant building at their own expense on November 25, 201 after receiving the delivery of the instant land and the instant building on its ground (including four stores and two residential buildings; hereinafter “instant old building”), and newly constructed the instant building at the instant land, and completed the registration of ownership preservation in the name of the Defendants by constructing a multi-family house with 431.36 square meters above the 6th floor of reinforced concrete concrete roof (hereinafter “instant building”).

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