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(영문) 전주지방법원 정읍지원 2018.05.15 2016가단11231
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a)each building listed in paragraphs 2 to 6 of Schedule 1; and

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On June 6, 2010, the Plaintiff: (a) on June 6, 2010, leased a forest land of 4286 square meters (the same as the land indicated in paragraph (1) of attached Table 1; hereinafter referred to as “instant land”) to the Defendant at Jung-gu, Jung-do, by setting the lease term as KRW 2,00,000 per annum until May 30, 2016; and

(2) On May 14, 200, before the conclusion of the instant lease contract, the Defendant: (a) leased approximately 2,000 square meters of land before the subdivision from E, which was the owner of the D Forest land 80,033 square meters (hereinafter “land before subdivision”); and (b) set up a separate list of each of the relevant parts in the column for “cognive” of the drawings (hereinafter “the instant mooring company”) and managers (hereinafter “the instant manager” as indicated in [Attachment 1 List 1 List 2 through 6] on each of the relevant parts; and (c) the manager of the instant building, as indicated in [Attachment 1 List 7], concrete floor, and household facilities (hereinafter “the instant concrete floor, etc.”; and (d) the instant company, manager of the instant case, and the instant concrete floor of the instant building, etc., collectively, set up a separate list of real estate and the instant building.

After that, on July 18, 2001, the land before subdivision was divided into the instant land (the same shall apply to the land indicated in paragraph (1) of the attached Table 1) and D 75747m2 (the same shall apply to the land listed in paragraph (8) of the attached Table 1; hereinafter referred to as “the adjoining land of this case”).

As indicated in the attached Form 2, the instant fraternity, etc. was installed on a part of the adjoining land of the instant case or installed on the ground of the adjoining land of the instant case.

(hereinafter) Of the adjoining land of this case, the site for the instant fraternity, etc. is “the site of this case” (which is the ground for recognition). [The fact that there is no dispute, Gap 1 through 5 (which includes a serial number; hereinafter the same shall apply), Eul 1 and 2, and the statement in the evidence Nos. 1 and 2, and the branch offices of the Korea Land Information Corporation of the Republic of Korea.

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