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(영문) 창원지방법원마산지원 2015.08.05 2014가단14514
토지인도 등
Text

1. The defendant

A. Of the land size of 319.7 square meters in Changwon-si, Changwon-si C, 319.7 square meters, the attached Form No. 12,13,14,16,17,18, 18.

Reasons

1. Basic facts

A. On July 15, 2003, the Plaintiff completed the registration of ownership transfer in the name of each of the Plaintiff with respect to D & D land 315.3 square meters (hereinafter “D land”), C & C land 319.7 square meters (hereinafter “C land”), D and C-ground buildings (hereinafter “instant building”).

B. On July 20, 2012, between E and E, the Plaintiff entered into a lease agreement with the Plaintiff for the portion of “sa” portion of the “sa” parking lot office located in the D-ground (hereinafter referred to as “parking office”) in order to each point of KRW 6,7,8,9,10,11,12, 17, 16, and 600,000,000 won (hereinafter referred to as “the Plaintiff is owned by the Plaintiff,”) among the land in the instant building, D, C’s ground parking lot, and C’s drawings, and the land in the attached Form No. 12,13,14, 16, 17, 17, 16, and 620,000 won (hereinafter referred to as “the lease agreement”) that connects each point of the following points: (a) the Plaintiff was owned by the Plaintiff; and (b) the lessee was changed to KRW 50,000,000,00 (hereinafter referred to “the Plaintiff”).

C. On July 20, 2014, the Plaintiff entered into a lease agreement again with the Defendant (hereinafter “second lease agreement”) and agreed to exclude a portion of 10.9 square meters in the ship connecting each point in order of indication 5, 6, 16, 14, 15, and 5 of the land in the coordinates, parking lot offices, and C among the leased property stipulated in the first lease agreement, from among the leased property stipulated in the first lease agreement. The rent is KRW 4.5 million per month, and the period was set up until July 19, 2016. Accordingly, the Defendant delivered the seat to the Plaintiff, but occupies and uses it until now without delivering the parking lot and parking zone.

Therefore, the defendant's argument that the parking area was already delivered to the plaintiff is not accepted.

On the other hand, D land is a building constructed adjacent to F building.

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