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(영문) 청주지방법원 2014.12.30 2014나3277
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On January 11, 2002, on the instant building, registration of ownership preservation was completed in the future of the Defendant.

B. On June 26, 2001, the Defendant owned B (hereinafter “instant land”). On June 26, 2001, between F and F, the Defendant concluded a lease agreement with F to lease the instant land with the lease deposit of KRW 15 million, monthly rent of KRW 700,000,000 from June 26, 2001 to June 25, 2003 (hereinafter “the instant lease agreement”).

At the time of the conclusion of the above lease agreement, the defendant and F entered into a special agreement that "if the lease period expires, if the adjustment of the lease period is made, the lease period shall be extended from June 26, 2003 to June 26, 2005, and F shall newly construct and use the provisional building on the land in this case; however, at the time of the termination of the lease agreement, the object of the lease shall be restored to its original state without claiming all the rights to the provisional building."

C. The Defendant and F shared the cost of changing the form and quality of the forest for the construction of the instant building by F to pay KRW 14 million out of the above lease deposit, but the name of the building permit of the instant building was agreed to be the Defendant.

After completion of the building of this case, the defendant extended the term of lease to F by June 26, 2008. D.

Since April 208, the Defendant filed a lawsuit against the third party who leased the instant building from F and F, seeking an explanation of the instant building and seeking a return of unjust enrichment equivalent to rent and rent (Cheongju District Court 2009Da10720).

In this lawsuit, on July 24, 2009 between the defendant and F, etc., "F" until December 31, 2012 (or at least five minutes' arrears after August 2009, if the F is in arrears).

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