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(영문) 춘천지방법원원주지원 2015.06.30 2014가단7338
매매대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. The D major 582 square meters (hereinafter “instant D”) and C miscellaneous land 785 square meters (hereinafter “C”) are land owned by E, the father of the Defendant.

E on July 24, 1997, the instant D land entered into a lease agreement with F, the Plaintiff’s wife, and the instant land C with the Plaintiff.

E on March 29, 2002, donated the instant land and the instant land to the Defendant, and the Defendant succeeded to the lessor’s status under the said lease agreement.

B. F newly constructed a building listed in paragraph (2) of the attached Table No. 2 (hereinafter “Separate Building”) on the ground of the instant land, and completed registration of ownership preservation on December 6, 200. The Plaintiff newly constructed a building listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant building”) on the ground of the instant land, which is a motor vehicle maintenance and industry building, on the ground of which the Plaintiff completed registration of ownership preservation on January 19, 199.

C. The Plaintiff and F, from July 1, 1998, operate the automobile maintenance and industry on the ground of the instant land C from around July 1, 1998.

On the other hand, on October 28, 1999, the Plaintiff received a loan from the State with the land of this case 831 square meters located between the land of this case and the land of this case, and the land of this case and the land of this case were used as the access road of the automobile maintenance industry.

The Defendant filed a lawsuit seeking the removal of the instant building, etc. and the delivery of the instant D land and C land by asserting that the lease contract was terminated due to sub-lease without permission against the Plaintiff and F, as the case of Chuncheon District Court 2007Kadan391.

On March 24, 2008, conciliation was concluded between the Plaintiff, F, and the Defendant on March 24, 2008.

Details of the mediation of the above case are as follows:

In the conciliation clause, the term “Plaintiff” refers to the Defendant, while the term “Defendants” refers to the instant F and the Plaintiff.

The lease contract relationship between the plaintiff, F, and the defendant was established by mediation, and the lease contract relationship was established.

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