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(영문) 부산지방법원동부지원 2016.06.22 2015가단6977
토지인도
Text

1. The defendant shall be the plaintiff.

(a) deliver 2,565 square meters prior to Busan-gun, and 988 square meters prior to Busan-gun, Busan-gun;

(b) 42.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of approximately 1,074 square meters in total and approximately 2,565 square meters in Busan-gun and 988 square meters in Busan-gun, Busan-gun (hereinafter “each of the instant land”).

B. D, E, and F (hereinafter referred to as “D, etc.”) operated a flower in the Busan Shipping Daegu G G G G G, and as the above flower complex was placed in the situation where it would be removed due to subway construction, it would create a flower complex in the Busan Metropolitan Government, and on January 2, 2006, leased each of the instant lands from the Plaintiff on January 2, 2006.

C. On February 10, 2006, D et al. entered into a consulting and construction contract with Dongam Construction Co., Ltd., Hosung (hereinafter “Dongam Construction, etc.”) and Dong Seosan Rural Agricultural Complex. The above contract includes civil engineering works, such as change of the form and quality of land, and installation of plastic houses, etc. on each land of this case after obtaining permission under the name of Dongam Construction, etc.

However, in most of the cases where the installation works of greenhouses have been completed, disputes have occurred between D, etc. on the grounds that D, etc. did not sell the plastic houses and pay the construction cost to Dongam Construction, etc., and D, etc. was removed from the sales office around November 2006, and a vinyl house was sold directly by Dongam Construction, etc.

E. Around 2007, the Defendant acquired all of the claims and obligations under the above construction contract from Dongam Construction, etc., and, at the same time, became the Defendant to continue to sell the plastic houses that were under the construction of Dongam Construction.

F. As the Plaintiff entered into a lease agreement with D, etc. as described in the foregoing sub-paragraph (b), but was unable to receive the rent properly, the Plaintiff again entered into a lease agreement with the Defendant on February 18, 2012 with regard to the instant land.

According to the above lease contract (hereinafter “the lease of this case”), the term of lease is five years from February 17, 2012 to February 17, 2017, and the deposit is KRW 10,000 per square meter, and the rent is one square meter.

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