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(영문) 서울중앙지방법원 2015.09.23 2015가합537221
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims against the defendants are dismissed.

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

Reasons

The summary of the instant case is the case where: (a) the Plaintiff, who leased the existing building from the Defendants, removed the existing building and constructed the new building on that ground; (b) the Plaintiff, primarily against the Defendants, filed for the registration of ownership transfer based on the termination of title trust on the ground that the title trust relationship with only the Plaintiff trusted the ownership of the newly constructed building was established; and (c) the conjunctive claim for return of unjust enrichment equivalent to KRW 737,680,000 for the cost of construction

On September 6, 2005, the Plaintiff entered into a lease agreement with the Defendants, setting the lease agreement between the Defendants and the Gangnam-gu Seoul Metropolitan Government D ground-based buildings with the deposit amount of KRW 400 million, the rent of KRW 15 million, and the term of lease from September 6, 2005 to September 5, 2012.

The relevant provisions among the special terms and conditions of a lease agreement shall be as follows:

Matters of special agreement

2. Adjustment key every two years from the date of the contract to the rate of inflation.

7. The lessee may repair the building in accordance with the lessee’s business purpose, but all of the responsibilities and expenses incurred in the reconstruction and repair of the building are borne by the lessee. 8. The lessee is not entitled to all of the expenses incurred in the reconstruction and repair of the building in the event that the lessee leaves the building due to the removal following the termination of the contract period and the reasons for the removal and termination of the contract due to the lessee’s circumstances.

9. A lessee may not claim against a lessor any premium and beneficial cost arising from the business of the pertinent real estate. Under Article 7 of the Special Agreement, the Plaintiff newly constructed a new building after obtaining a building permit under the name of the Defendants pursuant to Article 7, and then removed the existing leased building and newly constructed real estate listed in the attached Table on the site

On May 22, 2006, registration of preservation of ownership was completed in the name of the Defendants in the name of the new building.

Decisions to recommend prior compromise

1. As to the newly constructed building and site of the Defendants and the Plaintiff.

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