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(영문) 광주지방법원 2016.02.04 2012가합12803
토지인도
Text

1. The plaintiff's principal suit of this case is dismissed.

2.For an independent party intervenor:

A. The plaintiff is a real estate attached to attached Form 1.

Reasons

1. Basic facts

A. An independent party intervenor who is an independent party intervenor (hereinafter “the intervenor”) owns each land listed in the separate sheet Nos. 2 through 17 of the real estate list (hereinafter “instant land”) with a clan consisting of H descendants.

B. Lease contract between the Intervenor and the Defendant B Co., Ltd. 1)

On October 10, 1995, the Intervenor entered into a lease agreement on each land listed in [Attachment 2 through 6, 13, and 14] list of real estate between J, a similar Do-do-do-affiliated at the time of the Intervenor’s occurrence, and members, Co., Ltd., a company established for the purpose of manufacturing, selling, etc. ready-mixed (hereinafter referred to as “TA”)

On April 1, 2004, the Intervenor entered into a lease agreement with K, a similar person, with respect to each parcel of land listed in Articles 2 through 6, 13, and 14 of the annexed Table of Real Estate (hereinafter “B”) at the time. 2) On April 1, 2010, the Defendant B Co., Ltd. (hereinafter “B”) established for the purpose of manufacturing ready-mixed and concrete products, etc., entered into a lease agreement between the Intervenor and Do Similar L at the time of that agreement between the Intervenor and the Intervenor, with each parcel of land listed in Articles 2 through 11, and 13 of the annexed Table of Real Estate (hereinafter “the instant first leased land”) from the Intervenor during the lease period from April 1, 2010 to March 31, 2012 (hereinafter “the instant lease agreement”).

C. On April 5, 2012, the Plaintiff, a company incorporated for the purpose of manufacturing ready-mixed, etc. between the Intervenor and the Plaintiff, as of April 5, 2012, is the Plaintiff’s land specified in Articles 2 through 8, 10, 11, and 13 through 15 of the list of the attached real estate (hereinafter “instant leased land”) from the Intervenor during the lease period from April 5, 2012 to April 4, 2016.

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