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(영문) 부산지방법원동부지원 2016.02.16 2015가단6960
토지인도
Text

1. The defendant shall be the plaintiff.

(a) deliver 4198 square meters prior to Busan-gun, Busan-gun;

B. 45,105,000 won and November 18, 2015

Reasons

1. The following facts are acknowledged in light of the purport of Gap evidence Nos. 1 to 3, 5, Eul evidence Nos. 1 to 11, and 19 (including various numbers), and the whole arguments:

A. The Plaintiff is the owner of 4198 square meters (1269 square meters, hereinafter “instant land”) prior to Busan-gun, Busan-gun.

B. D, E, and F (hereinafter referred to as “D, etc.”) operated a chemical in Busan Metropolitan City Gream Complex. Since the above flower Complex was placed in the situation where it would be removed due to subway construction, it would create a flower complex in Busan Metropolitan Government H members of H members of H, and on January 2, 2006, leased the instant land from the Plaintiff on January 2, 2006.

C. On February 10, 2006, D et al. entered into a consulting and construction contract with Dongam Construction Co., Ltd., Hosung (hereinafter “Dongam Construction, etc.”), and Imam Farming Complex. According to the above contract, Dongam Construction, etc., obtained permission under the name of D, etc., and conducted civil engineering works, such as change of the form and quality of land, and installing plastic houses, etc. on the instant land.

However, in most of the cases where the installation works of greenhouses have been completed, disputes have occurred between D, etc. on the grounds that D, etc. did not sell the plastic houses and pay the construction cost to Dongam Construction, etc., and D, etc. was removed from the sales office around November 2006, and a vinyl house was sold directly by Dongam Construction, etc.

E. Around 2007, the Defendant acquired all claims and obligations under the above construction contract from Dongam Construction, etc., and sold the vinyl houses, which had been built in Dongam Construction, continued to be the Defendant.

F. On February 18, 2012, the Plaintiff entered into a lease agreement with D, etc., but failed to receive the rent, and concluded a lease agreement again with the Defendant on the instant land.

According to the above lease contract, the lease term is five years from February 17, 2012 to February 17, 2017, and the deposit is KRW 10,000 per square meter, and the rent is.

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