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(영문) 수원지방법원 2020.01.15 2019가단548220
건물인도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. At the same time, 40,000 won is paid by the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. C owned 820m2 of Osan City D Miscellaneous land. On October 15, 1996, C concluded a lease contract with the Defendant, setting the lease period from February 10, 1997 to February 9, 2002, the lease deposit amount of KRW 40 million, and one million per rent month.

At the time, C and the defendant agreed that "A shall be newly constructed by the lessee as the capital of the lessee, but the permit, name and property rights of the new building shall be future of the lessor and the right to use the building shall be reverted to the lessor upon the expiration of the contract period.

B. In accordance with the above agreement, the Defendant newly constructed at his own expense C, a three-dimensional E-dong light steel frame board board, a three-dimensional E-dong light steel frame board board, a three-dimensional E-dong light steel frame board, a 102m2m2 of neighborhood living facilities (general restaurants), a 49.20m2 of neighborhood living facilities (F-dong light steel frame board), and a 16.5m2 of the three-dimensional 1st floor

(hereinafter the building of this case). C obtained approval on March 18, 1997 for the use of the building and completed registration of preservation of ownership in its name around that time.

[In the building register, the above building seems to have been marked by combining the size of E-dong on the building ledger of 118.5m2 (Seoul Deputy Director) and the third Deputy Director of the F-Dong with the size of E-dong on the building ledger of 118.5m2 (Seoul Deputy Director). The above building is marked as "49.20m2 (general restaurant)."

On October 29, 2001, the Plaintiff was donated by the husband C with the above land and buildings on October 29, 2001, and completed each registration for the transfer of ownership on November 10, 201.

After that, the Plaintiff leased the above land and buildings to the Defendant from February 1, 2002 to January 31, 2007, the rental deposit of 40 million won, and the rent of 1250,000 won per month (Provided, That until February 1, 2002, 90,000 won per month).

After that, the Defendant’s lease period from August 1, 2005 to July 31, 2009 shall be 2.2 million won (2.310,000 won from August 1, 2006, 2,475,000 won from August 1, 2007, and 2,695,000 won from August 1, 2008).

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