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(영문) 부산지방법원 2015.07.29 2014가합40070
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) A is the Plaintiff (Counterclaim Defendant).

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Reasons

On November 23, 2004, Defendant A leased the instant land from the Plaintiff as the lease deposit amount of KRW 30,000,000, monthly rent of KRW 2,500,000, and the lease term of KRW 36 months for the purpose of operating the automobile transaction business (hereinafter “the instant first lease contract”), and the said lease contract was renewed on November 23, 2007.

On December 1, 2010, the Plaintiff and Defendant A entered into a lease agreement with respect to the instant land by setting the lease deposit of KRW 50,000,000, monthly rent of KRW 4,000,000, and the lease period of KRW 1,000 from December 1, 2010 to November 30, 2013 (hereinafter “instant secondary lease agreement”). In the event the lease agreement is terminated under Article 5 of the instant secondary lease agreement and Article 5 (Termination of Contracts) of the Special Agreement, Defendant A shall restore the instant land to its original state and return it to the Plaintiff.

Matters of special agreement

1. Defendant A does not claim to the Plaintiff all other expenses incurred in relation to the building (179.2 square meters at the 179.2 square meters’ office in the dullllll of light steel structure) and other facilities installed by Defendant A to operate his business.

4.(a)

Upon the conclusion of the instant land lease agreement, the Plaintiff leased the land to Defendant A with the consent to use the land. Defendant A newly constructed a building on the above land and registered ownership preservation in the Gwangju District Court’s netcheon Branch registry.

B. Defendant A shall remove the building and restore it to its original state by November 30, 2013, the lease term of which is the date of lease.

C. In addition, Defendant A, without any condition, changes the nominal owner of the building from November 30, 2013 to the Plaintiff without consideration.

Details are as follows:

On January 27, 2005, Defendant A newly constructed a building on the lightweight structure board and a single floor on the land of this case as listed in the attached Table 3, and completed registration of preservation of ownership on the above building in Defendant A, and the part of the attached Form 1 (g) of the sand site board and the other part of the sand site board.

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