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(영문) 부산지방법원 2019.01.23 2018나47288
토지인도등
Text

1. The part of the judgment of the court of first instance regarding the claim for removal is revoked.

2. The defendant is one of the 626.1 square meter in Busan-gun, Busan-gun.

Reasons

1. Facts of recognition;

A. G’s conclusion and use of a lease agreement on the instant land and adjoining land; 1) Busan-gun, Busan-gun, C. C. 626.1 square meters (hereinafter “instant land”); and 1) Busan-gun, Busan-gun, as “Iriri”

A) The ownership is D. E-gied land adjacent to the instant land, 576.8 square meters (hereinafter “instant adjacent land”).

F. F. F. F. F. F. F. F. on June 16, 2016

7. The transfer registration of ownership was completed on 19.

2) On September 15, 2009, G, the Plaintiff’s wife-nam, concluded a lease agreement with respect to the instant land by setting the lease deposit of KRW 20 million, monthly rent of KRW 450,000,000, and from October 15, 2009 to October 14, 2014, as special terms and conditions, the lease agreement is stipulated as follows: “The lessee shall pay all construction costs in the name of the lessor, but the registration shall be made in the name of the lessor; “the lessee shall remove all facilities except the building and restore it to its original state after the expiration of the five-year lease period; 3) and G, on October 27, 2009, concluded a lease agreement with the Defendant as to the instant adjacent land by setting the lease deposit of KRW 10 million, monthly rent of KRW 500,000,000, and the lease period from November 15, 2009 to November 14, 201.”

4) Subsequent to G, on the ground and underground of the instant land and the instant neighboring land, G installed a vehicle maintenance and a washing facility, etc., and made a business preparation. Of them, the wastewater discharge facilities necessary for the operation of the Sejong Deputy Commissioner (hereinafter “instant facilities”).

)은 이 사건 토지 중 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 1의 각 점을 순차로 연결한 선내 ㈎ 부분 10㎡[이하 ‘선내 ㈎ 부분’이라고 한다

was set up under the ground of this chapter.

B. G’s entrustment of the instant land to G and its subsequent use.

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