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(영문) 수원지방법원평택지원 2015.12.30 2014가단45565
건물인도 청구의 소
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

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

(a) the annexed list;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The registration relationship, etc. of the relevant land and buildings 1) The Plaintiff’s donation of 2,402 square meters in Pyeongtaek-si D-si D-si shall be made to the Suwon District Court in Suwon District upon receiving a donation from the Plaintiff E, who is a Siberter, (hereinafter “Seoul District Court”).

(2) On May 2, 2014, the Plaintiff acquired ownership of 1/2 shares on the ground of sale by voluntary auction, and completed the registration of Pyeongtaek Housing Site and the registration of transfer under the receipt of 23825 on May 7, 2014, and the remaining 1/2 shares are owned by the said E from December 7, 2002.

3) The FMM 296㎡ is the land owned by the above E, which was registered in the Pyeongtaek-si site and the land owned by the registration of transfer of ownership on December 7, 2002 as the receipt of No. 56496, Dec. 7, 2002. 4) There are two buildings on the ground of Pyeongtaek-si C, as shown in the separate sheet, and the Plaintiff and his spouse completed the registration of preservation of ownership at the ratio of each 1/2 shares on October 25, 1996. The Plaintiff purchased this on May 2, 2014 in the voluntary auction procedure for 1/2 shares of G and became the owner of the entire building.

B. On January 1, 2012, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with regard to the building volume of 48 square meters in the attached Form (A) and its site connected in sequence to each point of 1,2,3,4, and 1 among the building’s 192 square meters located on the one-story of the building indicated in the foregoing paragraph (4) on January 1, 2012, the Plaintiff and the Defendant concluded the lease agreement (hereinafter “instant lease agreement”) by setting the period from January 1, 2012 to December 30, 2015 as KRW 1,80,000 for the monthly rent of KRW 1,00 (Management Fee of KRW 100,000).

2) The Defendant engaged in the repair business of large-scale vehicles, such as cream, with the trade name “H” in the instant store and its day. 3) The Defendant began from January 5, 2012 to February 4, 2014 through 23 times under the terms of rent and management expenses under the instant lease agreement.

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