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(영문) 수원지방법원안양지원 2017.10.25 2016가단103161
토지인도
Text

1. The Defendant (Counterclaim Plaintiff, the appointed party) and the appointed parties jointly do so to the Plaintiff (Counterclaim Defendant).

(a) the annexed list;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On May 17, 2004, the Defendant entered into a lease agreement with C, the former owner of the land indicated in the separate sheet (hereinafter “instant land”) to lease the instant land.

From around that time, the Defendant occupied the instant land, and installed a household building, such as plastic houses, on the ground, and operated a fireproof center with the trade name of “D”.

While the above lease contract has been renewed on February 1, 2010, the defendant concluded a lease contract to lease the land of this case with C by setting the lease term until December 30, 2010, and a total of KRW 3.6 million.

Then, on January 16, 201, the Defendant’s son E entered into a lease agreement to lease the instant land at KRW 12 months of the lease term and KRW 3.6 million of the rent. At the time, a special agreement was entered into, “it is possible to extend the lease term by mutual consultation at the time of termination of the lease agreement, to clarify without any conditions depending on the lessor’s circumstances, and to specify the terms and conditions,” and the said lease agreement was implicitly renewed after the expiration of the lease term.

C On December 17, 2015, the Appointor notified E of “The lease agreement of January 16, 201 on the instant land is terminated as of December 31, 2015, and the land is ordered after its restoration to its original state.”

As between December 19, 2015 and C, the Plaintiff entered into a sales contract to purchase the instant land on condition that he/she succeeds to a lease contract for the instant land, and completed the registration of ownership transfer on February 1, 2016, and currently owns the instant land.

On the other hand, as a fire that occurred on March 3, 2017 while the lawsuit in this case was pending, the existing vinyl houses, etc. installed by the Defendant on the land in this case were relocated.

Since then, the Defendant and the designated parties are buildings on the ground of “A” part of 197 square meters on board, which are linked in sequence to each of the items indicated in the annexed drawing Nos. 1, 2, 3, 4, 5, and 1 on the instant land (hereinafter “A building”).

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