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(영문) 의정부지방법원 2012.07.26 2012가단4046
손해배상
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The relevant plaintiffs are legally married couple, and the defendant is the father and mother of the plaintiff A.

B. On August 7, 2002, Plaintiff A leased from the Defendant the land stipulated in Paragraph 1 of the attached Table of Real Estate Ownership (hereinafter “instant land”) with the following content:

(i) Term of lease: from August 7, 2002 to August 7, 2007

If one party fails to notify in writing the other party of his/her intention to conclude this contract or to amend the terms and conditions by not later than two months prior to the expiration of the lease term, the period of one year shall be extended on the same condition. See 50,000,000 won: From December 7, 2012 to June 7, 2012, monthly 10,000 won, monthly from December 7, 2012 to six months thereafter, and construction from the next six months: the lessee shall construct the exclusive general restaurant building within the scope of 495,495 square meters on the leased land (necessary extension) and file an application for a construction permit under the name of the lessor, and then file an application for a construction permit, and thereafter the lessor shall make a registration of ownership preservation.

A lessee shall conclude a pre-sale contract with the lessor to sell the above building at KRW 30,000,000.

(30,000,000 won is the price in consideration of various circumstances such as depreciation during the period of land lease). The preservation of ownership completed in the future for the lessor is to preserve the lessee's obligation to transfer ownership in accordance with the promise to sell and purchase the leased.

C. The plaintiffs newly constructed a new building and sales (i.e., the plaintiffs constructed on the land of this case a building listed in the separate list of real estate (hereinafter "the building of this case") at their own expense and completed registration of preservation of ownership on December 5, 2002.

See The Plaintiffs were engaged in restaurant business in the name of D in the instant building after the new construction.

Plaintiff

Upon the termination of the lease term of the Plaintiff A’s land and building lease (i.e., the lease term of the Plaintiff’s above B), the Plaintiff B from the Defendant on August 7, 2007.

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