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(영문) 수원지방법원여주지원 2015.12.16 2014가단460
토지인도 등 청구의 소
Text

1. The defendant shall be the plaintiff.

A. Annex 1, A2, and A3. A3. The land attached to the land listed in paragraph 1 of the attached list of real estate.

Reasons

1. The Defendant, who is the owner of the building No. 3 (hereinafter referred to as the “instant building”) D (hereinafter referred to as the “instant building”) located in the Innju-si, Gyeonggi-do (hereinafter referred to as the same Ri, and it is indicated only as a multiple index), operated the restaurant (hereinafter referred to as the “instant restaurant”) with the trade name “I” in the instant building from around 2004 to May 31, 2008.

The D Site, E, F, and each land of the instant building is owned by HJ (hereinafter “instant clan”), and the Defendant, while operating the instant restaurant, used some of the E, D, F, and G land (attached Form 2 drawings indicated “A,” “B,” and “C”) as parking lots.

Around May 30, 2008, the Defendant, while operating the instant restaurant, transferred the instant restaurant in KRW 200 million, including the facility and operating rights (including all facilities necessary for the business of the I, and the right to use and use the air conditioners in the front right fracker of the I, and the right to use and use the air conditioners in the plastic house) in accordance with the operation of the I, to the J, and the J, from June 1, 2008, leased the instant building and operated the instant restaurant from around June 1, 2008, and used the instant restaurant as a parking lot in accordance with the acquisition and transfer contract with the Defendant.

around July 24, 2009, Innju-gun ordered the Defendant to restore the illegally converted farmland to the original state with a approximately KRW 1,144 square meters of the illegal exclusive use area in Sju-gun F and G.

J operated the instant restaurant on January 10, 201, and transferred premiums of KRW 2.50 million to the Plaintiff, including facilities and goodwill following the instant restaurant operation.

In addition, on February 11, 201, the Plaintiff determined the monthly rent of KRW 3 million with the Defendant and the Defendant as the instant building and the parking lot indicated in attached Form 2 drawing “B”, “C”, and “A” shall be deemed to be the actual parking lot of the instant clan and the Defendant separate later.

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