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(영문) 청주지방법원 충주지원 2018.04.25 2016가단6456
지상물매수 등
Text

1. Defendant (Counterclaim Plaintiff) C is the Plaintiff (Counterclaim Defendant) B and the Plaintiff (Counterclaim Defendant) B on the amount of KRW 17,534,120.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. F. 384 square meters (hereinafter “instant land”); the instant land was originally F.F. 266 square meters and G 118 square meters; and the instant land was merged into F. 19 September 2012, 2012) is owned by Defendant C.

B. The real estate listed in the attached list on the instant land (hereinafter “instant building”) was owned by H. On February 12, 2014, Plaintiff B purchased KRW 15,000,000, and completed the registration of ownership transfer on February 19, 2014.

C. On October 19, 2007, Plaintiff A paid 4,200,000 won a year rent for the instant land in advance with Defendant C, and the term of the lease is 24 months from the delivery date ( November 1, 2007) to 24 months, and the term of the lease is “(to be borne by the lessee)” (hereinafter “the first lease contract in this case”) to be entered into a lease agreement stating the following terms: (a) the lease agreement was concluded: (b) the lease agreement was made between Plaintiff C and Defendant C, stating that the lease is to be removed at the lessee’s expense and to be restored to its original state, without any justifiable reason, when the lease owner constructs a building

After the expiration of the term of the instant first lease agreement, Plaintiff B entered into a lease agreement (hereinafter “instant second lease agreement”) with Defendant C on December 1, 2013, stating that: (a) the rent of KRW 4,200,000 per annum shall be paid in advance; and (b) the term of the lease shall be 24 months from the delivery date ( November 30, 2013); and (c) the term of the lease shall be 24 months from the delivery date (the extension of the contract that led to the previous year, which is an extension of the contract that led to the extension of the contract that is due to the necessity of the site owner, without any justifiable reason.

E. On October 28, 2015, Defendant C sent to Plaintiff B a content-certified mail stating that the instant secondary lease agreement expired on November 29, 2015, and there is no intent to renew the said lease. Thus, Defendant C sent the content-certified mail to remove the instant building, etc. and return the instant land in accordance with the terms and conditions of the special agreement.

F. Accordingly, Plaintiff B deposited Defendant C as the principal deposit, and Defendant C deposited KRW 4,200,000 as the principal deposit in 2016, and Defendant C again deposited Defendant C with Plaintiff B on January 4, 2016.

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