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(영문) 인천지방법원 2015.02.03 2014가합2668
토지인도등
Text

1. Defendant (Counterclaim Plaintiff) receives KRW 20,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. As to the land No. 1 of this case, the Plaintiff A owns the Plaintiff’s share of 12/48, the Plaintiff B’s share of 8/48, the Plaintiff’s share of 4/48, the Plaintiff’s share of 2/48, the Plaintiff’s E and F, and the Plaintiff’s share of 12/48, and the Plaintiff’s share of 12/48 (hereinafter “Plaintiff A, B, C, D, E, F, and G” as the co-owner of the instant land), and the land listed in attached Table No. 2 of the attached Table No. 1 (hereinafter “instant land No. 2”), and the Plaintiff’s share of 16/48, the E, G, and H own shares of 8/48, respectively.

(hereinafter “Plaintiff A, B, E, G, and H” (hereinafter “Plaintiffs, co-owners of the instant land No. 2”). B.

Defendant I entered into a lease agreement with K as KRW 20,00,000 with respect to each of the instant lands, KRW 1,800,000 per month until July 8, 2006, and KRW 2,400,000 per month from that date until July 8, 2009 (hereinafter “instant lease agreement”). Defendant I paid KRW 20,000,000 to K.

C. L, on October 2, 199, newly constructed the instant building on the land No. 1 of this case, registered as the owner on the general building ledger, and sold the instant building to M on January 4, 2005, and completed the registration of ownership transfer to M on March 22, 2005.

Defendant J Co., Ltd. (hereinafter “Defendant Co., Ltd”) whose representative director is Defendant I purchased the instant building from M on May 18, 2005 and completed the registration of ownership transfer under the name of Defendant J Co., Ltd. on June 7, 2005, and operated the instant land and the instant building business, etc.

E. On November 28, 2013, K sent to Defendant I a notice of termination of the lease (hereinafter “instant notice of termination”) stating that “if six months have elapsed from the date on which the above Defendant received this notice, the lease of this case is terminated”, and around that time, the instant notice of termination has reached the above Defendant.

[Ground of recognition] The fact that there is no dispute, A.

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