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(영문) 대구지방법원 김천지원 2018.02.21 2016가단31578
건물인도 등
Text

1. Defendant C: (a) each month from January 1, 2016 to the completion date of delivery of the buildings listed in attached Tables 1 to 2,450.

Reasons

1. Facts of recognition;

A. In the Gu-U.S. E large 1093 square meters (hereinafter “E land”), the Plaintiffs own 1/2 shares, respectively, and the F large 381.3 square meters (hereinafter “F land”) owns 1/2 shares, respectively. G and Defendant C own 1/2 shares.

B. On October 4, 2005, the Plaintiffs entered into a lease agreement with H as set forth in KRW 40 million with respect to the whole land of E during the lease period from January 1, 2006 to December 31, 2010, and KRW 240,000 per month during the lease period. The main contents of the special agreement are as follows:

1. On the land subject to this contract, a lessee is required to bear the cost of construction work for a building and any other ground object constructed by the lessee for business profits, but the cost of construction for the ground object is deemed to include a specified amount of the rent, which is the rent the lessee pays to the lessor, and thus, the building management ledger and the ownership in the name of the building registration, shall be deemed the lessor, and the lessee shall not claim any rights.

2. The lessee shall transfer to the lessor without compensation any compensation under the condition that the object on all the land has been maintained immediately after the term of the lease expires after use is made; and

7. To ensure that a building is separated without regard to other times when it is constructed;

C. On December 17, 2010, registration of preservation of ownership has been made in the name of the Plaintiffs, I, and J as to each one-fourth portion of the buildings listed in the separate sheet No. 1 (hereinafter “instant building”). D.

I, on December 17, 2010, completed the registration of ownership transfer for 1/4 shares of the instant building to Defendant C, and J, on the same day, completed the registration of ownership transfer for 1/4 shares of the instant building to G.

E. On January 3, 2011, the Plaintiffs determined KRW 50 million as to the shares of 1/2 (the Plaintiff’s shares) of the instant building between Defendant C, and KRW 2.5 million per month from January 1, 201 to December 31, 2015.

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