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(영문) 청주지방법원 2017.02.01 2016가단11523
토지인도 등
Text

1. The Defendants deliver the real estate listed in the attached real estate list to the Plaintiff, and Defendant C is the attached real estate list.

Reasons

1. Facts of recognition;

A. On March 10, 2016, the Plaintiff: (a) around 1984, leased the real estate listed in the attached real estate list (hereinafter “instant real estate”) from Non-Party D among Non-Party D, with a fixed period of time; (b) the rent was set at 10 U.S. dollars annually; and (c) around March 10, 2016, the Plaintiff concluded a lease agreement with E and the term of lease, the chairperson of the said clan, from March 10, 2016 to March 9, 2025.

B. In around 194, the Plaintiff sub-leaseed the instant real estate to the deceased Non-Party F, and then, on or around February 2008, concluded a sub-lease contract (hereinafter “sub-lease contract”) with Defendant B and the instant real estate, the Plaintiff, without setting the lease period. The rent is KRW 400,000, and the rent is paid at the end of February each year.

C. Around July 19, 2013, Defendant B transferred all trees planted in the instant real estate between Defendant C and Defendant C at KRW 400,000,00, and Defendant C determined whether to use the land additionally after consultation with the Plaintiff and the additional use thereof, and agreed to pay the relevant rent at the expense of Defendant C at the time of the additional use.

On February 3, 2014, the Plaintiff received 400,000 won from Defendant C as a rent for the instant real estate, and returned it, and demanded the Defendants to transfer the instant real estate. Accordingly, Defendant B transferred the instant real estate after one year between the Plaintiff and the Plaintiff, but the rent was to be KRW 600,000 per annum, and paid the Plaintiff KRW 60,000 to the Plaintiff via Defendant C on May 30, 2014.

E. The trees listed in the attached list (hereinafter “instant trees”) are planted on the ground of the instant real estate until now.

【Facts without dispute over the grounds for recognition, Gap evidences 1 through 6, the purport of the whole pleadings

2. According to the above facts of recognition, Defendant B transferred the right to rent the instant real estate to Defendant C on or around July 19, 2013 without obtaining the consent of the Plaintiff.

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