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(영문) 청주지방법원충주지원 2015.11.19 2015가단291
건물매수대금
Text

1. The defendant (appointed party) and the remaining designated parties are about the real estate stated in the attached Form from the plaintiff.

Reasons

1. Basic facts

A. On November 6, 2006, the Defendant (Appointed Party; hereinafter “Defendant”) (the appointed Party”); C; D; B; and Nonparty E completed the registration of ownership transfer for each of 1/5 shares of F-1485 square meters in Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant land”); and completed the registration of ownership transfer for inheritance by agreement and division on May 8, 2006.

After that, on December 31, 2012, G shall complete the registration of ownership transfer for E-1/5 shares out of the above land on December 31, 2012.

B. Nonparty H completed the registration of ownership transfer on the ground of sale on August 14, 1982 with respect to the building indicated in the attached Form (hereinafter “instant building”) on August 18, 1982.

After that, on April 4, 2011, the Plaintiff completed the registration of ownership transfer based on inheritance due to a division of consultation held on September 28, 1984.

C. On February 28, 2014, the Appointor I’s request for the increase in rent and the Plaintiff’s claim for purchase of the Plaintiff’s building 1) the Appointor I sent to the Plaintiff a certificate of content that “The Plaintiff knew that the Appointor I would have purchased and reside in the housing used by providing a house before the for a long period of time, and the Plaintiff would have paid KRW 3.80,000 per annum with the land rent. Since this falls short of the market price of the instant land, the Plaintiff sent a certificate of content that “from April 2014 to April 4, 2014, the Plaintiff would pay KRW 70,000 per month with the land rent.” As such, it was unreasonable for the Plaintiff to pay KRW 700,000 to the Appointor I as the land rent and this appears to have been removed to the Plaintiff, the Plaintiff requested the purchase of the instant building.”

3) On July 9, 2014, the Appointor I sent to the Plaintiff a certificate of the content that “The lease contract for the instant land is to be terminated on September 30, 2014.” The Plaintiff sent to the Plaintiff a certificate of the return of the instant land by November 30, 2014 following the removal and restoration of the instant building to its original state. 4) Accordingly, the Plaintiff’s lease term expires or the Plaintiff’s lease term expires to I on November 24, 2014.

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