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(영문) 부산지방법원 2018.01.10 2017가합46253
청구이의
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. 1) On October 29, 2007, the Plaintiff entered into an initial lease agreement, etc., and the deceased non-party D (hereinafter “the deceased”).

B) Between the Defendant and the Dong-gu, Busan and the Dong-gu, 562 square meters (hereinafter “instant land”).

(1) The term of lease contract for the lease of KRW 20 million, KRW 2.1 million per month, and the term of lease from October 29, 2007 to October 28, 2012 (hereinafter “the first lease contract”).

(2) At the time of the conclusion of the above lease agreement, each building listed in paragraphs 1 and 2 of the attached list was constructed on the ground of the instant land. (2) On December 28, 2007, the Plaintiff newly constructed each building listed in paragraphs 3 and 4 of the attached list on the ground of the instant land with the consent of the Deceased and Defendant C.

After May 21, 2012, registration of preservation of ownership was completed in the name of each 1/2 shares in the name of the Defendants with respect to the real estate listed in the attached list Nos. 3 and 4.

B. 1) On November 1, 2012, the Defendants, the inheritor of the Plaintiff and the Deceased, and Nonparty F, who are the inheritors of the Plaintiff and the Deceased, enter into a lease agreement with the Plaintiff, the lessor, the Defendants and the lessor, the lease deposit amount of KRW 20 million, KRW 24 million per month, and the lease term from November 1, 2012 to November 1, 2014 (hereinafter “1 lease agreement”).

2) The Plaintiff, the Defendants, and the F drafted a new lease agreement with the Plaintiff, the lessor, and the lessor as to the instant land (hereinafter “second lease agreement”) in which the Plaintiff, the lessor, and the lease deposit are KRW 20 million per month and KRW 1.8 million per month. The said agreement did not stipulate the date of preparation and the term of lease at all.

3. Around the time when the second lease contract was prepared, the Plaintiff, the Defendants, and the F made the lessee with respect to the instant land from November 1, 2012 to November 1, 2014.

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