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(영문) 부산지방법원 2016.12.22 2016구합22835
판결주문취소
Text

1. All the lawsuits of this case and interim confirmations are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. B is the owner of the Nam-gu Busan Metropolitan City E-gi 837.7 square meters (hereinafter “the instant land”). C is the owner of the instant land, and C is the owner of the instant land of the 700 square meters F.2 square meters adjacent to the Busan Nam-gu, Busan Metropolitan City (hereinafter “the instant land 2”).

B. B on February 25, 2005, the land of this case was leased KRW 100,000,000, monthly rent of KRW 3,000,000, and KRW 24 months from February 28, 2005, to the Selection Party B paid KRW 100,000,000 as lease deposit to B on February 25, 2005, and B transferred the land of this case to the Selection Party on February 28, 2005.

C. After that, on January 11, 2007, B and the designated parties concluded a lease contract again by setting the lease deposit of KRW 100,000,000, monthly rent of KRW 3,500,000, and the lease term of KRW 36 months from March 1, 2007. On January 21, 2010, the lease contract was concluded again by setting the lease deposit of KRW 150,000,000, monthly rent of KRW 4,50,000, and the lease term of KRW 36 months from March 1, 2010, the designated parties paid KRW 50,000,000, which was increased to B on January 21, 2010.

B on February 22, 2013, with respect to the lease deposit of 150,00,000, monthly rent of 4,800,000, and the lease contract of 36 months from March 1, 2013 (hereinafter “instant lease contract”).

E. On May 25, 2005, the Selectioner, along with the Plaintiff (Appointed Party; hereinafter “Plaintiff”), operated a fee parking lot on the instant land from around May 25, 2005. On the ground of 1, 2, 3, 4, and 1 of the instant land, container stuffs (hereinafter “instant container stuff”) and the same drawings attached 5, 6, 7, 8, and 5 square meters on the ship connected with the Plaintiff in sequence 3.795 square meters on the ground of the instant land (hereinafter “instant portable toilet”).

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