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Reasons
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(영문) 광주지방법원 2015.08.20 2014가단525689
건물 등 철거 및 토지인도
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1. The Defendant’s KRW 9,497,00 for the Plaintiff and 5% per annum from June 18, 2015 to August 20, 2015.

Reasons

Facts of recognition

On May 3, 198, B and C have completed the registration of ownership transfer of each of 1/2 shares with respect to D & 605 square meters (hereinafter “instant land”).

C On May 2, 2012, on May 2, 2012, E completed the registration of transfer of ownership with respect to one-half shares of the instant land due to division of property.

E on January 24, 2013, the Plaintiff completed the registration of ownership transfer for 1/2 shares out of the instant land due to sale.

On the other hand, on November 10, 2014, B completed the registration of ownership transfer for the remaining 1/2 shares of the instant land to the Plaintiff, and thereby, the Plaintiff acquired the ownership of the entire instant land.

On June 17, 2015, the Plaintiff completed the registration of transfer of ownership for the instant land to the Dagsa Co., Ltd. on the grounds of sale, and on June 18, 2015, the Dagsa Co., Ltd entrusted the said land to the Korea Housing Guarantee Co., Ltd. on June 18, 2015.

Around January 1, 1991, the Defendant, at the time of the lease of land owned by the Defendant, leased the instant land from C and B as KRW 1 million per annum, KRW 1 million per annum, “Establishment of a kindergarten for the purpose of lease”, and the period “from March 1, 1991 to March 1, 1996.” On the instant land, the Defendant newly constructed a kindergarten building on April 24, 1991 and completed the registration of ownership preservation thereof. Thereafter, the Defendant, while operating a kindergarten in the instant land on the instant land, concluded a lease agreement between C and B, while maintaining the lease relationship between C and B, around October 1, 199, with the period of lease as KRW 150,00 per month, and around October 1, 2001.”

Even after the above lease contract has been renewed, the defendant agreed to change the period from May 17, 2008 to May 16, 2013 to KRW 3 million between B and C on May 17, 2007.

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