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(영문) 제주지방법원 2017.06.29 2016가합10458
토지인도
Text

The defendants receive KRW 26,522,700 from the plaintiff, and at the same time real estate stated in the attached Table 1 is stated in the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet 1 (hereinafter “instant real estate”). Defendant A is a juristic person with the purpose of chartered bus transport business, etc., and Defendant B is the representative director of Defendant A.

B. In order to lease the instant real estate to the Defendants for the purpose, such as a garage, the Plaintiff was performing the construction of facilities, such as garages, buildings, parking lots, and treated sewage and wastewater tanks on the ground of the instant real estate from July 2007 through December 2, 207.

C. On January 3, 2008, the Plaintiff entered into a lease agreement with the Defendants on January 1, 2008, to December 31, 2010, with respect to each real estate listed in the separate sheet 2, among the instant real estate (i.e., an automatic renewal of the lease agreement if one of the parties does not notify the other party of the refusal of renewal by not later than two months prior to the expiration of the period), the lease deposit amount of KRW 50,00,000, and the rent of KRW 36,689,30 (hereinafter “the primary lease agreement”).

After the conclusion of the first lease agreement, Defendant B operated the gas station business in Jeju-si, D, E, F, G, and its ground buildings among each real estate listed in the attached Table 2, and the remaining real estate was used by the Defendants for the purpose of the bus garage, parking lot, etc.

In this process, the Defendants injected approximately KRW 120,000,000 on May 2008, and installed a large-scale automatic washing machine and a wastewater treatment device connected to treated sewage and wastewater.

E. Defendant B’s operation of the gas station is difficult, and under the agreement between the Plaintiff and the Defendants, the Plaintiff removed the gas station facilities and installed a garage, parking lot, etc. on the site.

Then, on April 1, 2014, the Plaintiff added each of the real estate listed in the attached Table 3, which was not included in the object of the first lease contract between the Defendants and the said newly constructed facilities and the instant real estate, as the object of the lease contract (hereinafter referred to as “second lease contract”) and January 1, 201.

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