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(영문) 춘천지방법원 2020.12.17 2020나51478
토지인도
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On December 14, 2005, the Plaintiff completed each registration of transfer of ownership with respect to F 4,223 square meters and G 979 square meters, which are the rice field F 4,223 square meters and G 979 square meters.

B. On August 26, 2016, the Plaintiff entered into a lease agreement with the Defendant that leases part of the said F land and G land (hereinafter “instant lease agreement”) as follows.

In the location of indication of real estate: F, G: approximately KRW 980 square meters in the original city, and approximately KRW 980 square meters in the area of a water flag, which is printed in the same fluorial letter.

2. Deposit for deposit: Monthly rent of KRW 5 million: From August 29, 2016 to August 29, 2021, all of the buildings shall be transferred to the plaintiff after the completion of the construction of the building to be entered into a special agreement on August 29, 201.

The plaintiff, at the same time as a contract, executes 300 square meters by entrusting the civil engineering company to form a site.

The expenses shall be borne by the plaintiff.

The defendant shall construct a building of about 50 square meters for the first floor and about 50 square meters for the second floor, and the design and construction costs shall be borne by the defendant.

The defendant shall use the remainder of the land as the office of the defendant, warehouse storage yard, etc. after the work of flatization.

The defendant shall use the first floor for warehouse, and the second floor for house and office.

The contract period shall be five years, and the amount of KRW 4 million shall be paid once a year.

C. In accordance with Paragraph (1) of the terms of the instant lease agreement, the Plaintiff converted the said F land and G land into a site for a warehouse at its own expense pursuant to Paragraph (1) of the same Article, and the site portion was 989 square meters of G warehouse site (hereinafter “instant warehouse site”) on June 12, 2017. The said F land and G land, except the instant warehouse site, became each of the instant land subject to annexation with other land.

In accordance with the terms and conditions of the instant lease agreement, the Defendant: (a) filed the instant warehouse site at the Defendant’s expense; and (b) filed the instant land at the Plaintiff’s expense.

E. The defendant is against the ground of the first land of this case.

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