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(영문) 서울고등법원 2018.03.23 2017나2056996
소유권확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On January 2006, the Plaintiff and C entered into a trade agreement (hereinafter “instant trade agreement”) that leases the building on the ground of Seongdong-gu Seoul, Seongdong-gu, Seoul, 53.4 square meters and E large 481 square meters (hereinafter “instant site”), which is owned by the Defendant, to build a new building on the ground and operate a car maintenance plant (hereinafter “instant trade agreement”).

B. On March 20, 2006, the Plaintiff and C entered into a lease agreement with the Defendant on the condition that the instant site is KRW 180 million as the lease deposit, KRW 6.5 million as the monthly rent (an annual increase by 10% every three years, setting the rate of increase by 3.3%), and the term of lease from July 1, 2006 to June 30, 2015 (hereinafter “instant lease agreement”).

C. The Plaintiff, C, and the Defendant agreed as follows at the time of entering into the instant lease agreement.

1) A lessee shall construct a new building, use it only for the term of lease, and restore it to its original state (Article 6.2). A lessee shall deliver to the lessor all management certificates, including the certificate of registration completion after completing registration of preservation of ownership on the new building.

(3) If the building of this case is removed within one month after the term of the lease expires and is not restored to its original state, the said building shall belong to the lessor without any separate declaration of intention (Article 9; hereinafter referred to as the “instant waiver agreement”).

(d) The Plaintiff and C are buildings (attached Form; hereinafter “instant buildings”) to operate the automobile maintenance plant on the instant site at their own expense.

B newly constructed contract terms to the construction business operator.

On March 29, 2007, registration of preservation of ownership in the name of the defendant was completed on the building of this case.

On May 24, 2010, the Defendant donated 1/2 shares of the instant land and building to F spouse on May 24, 2010, and accordingly, on May 26, 2010, each transfer registration under F’s name was completed.

E. The Plaintiff on November 28, 2014

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