(영문) 수원지방법원안산지원 2017.07.26 2016가단67946

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(영문) 수원지방법원안산지원 2017.07.26 2016가단67946

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant completed the registration of ownership transfer in the name of the defendant on 1997 concerning the land listed in the attached list No. 1 (hereinafter “instant land”).

B. On March 23, 2009, the Defendant concluded a lease contract with the Plaintiff on April 9, 2009, with a deposit of KRW 50,000,000 for the part of the instant land as well as an intermediate payment payment payment payment of KRW 3,00,000 for the monthly rent of April 9, 2009, and the lease term of KRW 60 months for the lease term (hereinafter “instant lease contract”), and agreed to the effect that “the lease for the part of the instant land and the buildings except for those possessed by the non-permanent affiliated buildings currently being used in the area of the commercial site,” as a special agreement, as follows.

1. New construction and installation of above ground buildings and structures shall be made by the plaintiff, but the title of ownership shall be made in the name of the defendant.

(All the permissions and other expenses for construction shall be borne by the plaintiff). 2. In the event that the rent is overdue for not less than three months, the defendant may terminate the contract.

3. The facilities and construction shall begin from the date of payment of rental deposit and intermediate payment, and the rent shall be calculated from 20 days after the completion date and the rent shall be paid later;

4. Lease for the part other than those used as C with respect to the instant land, and all necessary expenses for new construction of a building and a structure will be borne by the Plaintiff. 5. The Plaintiff is not entitled to claim construction costs and all money from the building structures unless the period expires or the contract is renewed.

6. Where the plaintiff is unable to operate his business within the contract period due to inevitable circumstances, it shall be limited to the case where the defendant approves to claim against a third party the minimum construction cost within the contract period only for the remaining period.

C. On April 7, 2009, the Defendant: (a) 45.6 square meters of a general steel structure, and other pental roof on the instant land; (b) 1st class neighborhood living facilities; (c) 1st class neighborhood living facilities.

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