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(영문) 의정부지방법원 2015.06.05 2014가합53575
소유권이전등기
Text

1. On December 2012, 2012, the Defendant: (a) on the real estate stated in [Attachment List No. 2] List to the Plaintiff, the District Court Macheon Registry.

Reasons

1. Facts of recognition;

A. On October 18, 201, the Plaintiff entered into a lease agreement with the Defendant with the terms that the Plaintiff leases (hereinafter “instant lease”) the land specified in attached Table 1 (hereinafter “instant land”) to the Defendant as KRW 100,000,000, and the term of lease from November 21, 201 to November 20, 2016 (payment on January 21, 201, and the monthly rent of KRW 6,000,00, and later payment).

B. On April 3, 2012, the Defendant established a wholesale and retail business, a real estate rental business, etc., and newly constructed a building listed in attached Table 2 (hereinafter “instant building”) on the instant land, and completed registration of initial ownership on July 10, 2012 under the name of the Defendant.

The Defendant operated C Co., Ltd. in the instant building.

C. C Co., Ltd. received loans from the Industrial Bank of Korea on July 30, 2012, and offered the instant land and the instant building owned by the Plaintiff as joint collateral.

On July 30, 2012, the establishment registration of the instant land and building was completed on July 30, 2012 by the debtor C Co., Ltd., the Industrial Bank of Korea, the maximum debt amount of KRW 180,000,000.

On October 23, 2012, the Plaintiff and the Defendant rendered a settlement prior to the filing of the lawsuit (hereinafter “the settlement in this case”) with respect to the lease in this case, and the main contents of the settlement clause are as follows:

(1) Paragraph (1) omitted

2. The current lease contract is a current lease contract, and the Plaintiff may terminate the contract at the time of arrears not less than three times a monthly rent.

In this case, the defendant shall gratuitously transfer the building to the plaintiff, and the reason for the transfer of ownership shall be determined by the plaintiff.

3.This Agreement shall provide for a re-contract in which the total contract term shall be 10 years and the deposit shall be 150,000,000,000,000,000,000,000 after the expiration of the five-year period.

4. After the expiration of ten years from the total contract period, the Defendant shall make all the buildings and accessories on the land owned by the Defendant to the Plaintiff.

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