logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2018.03.06 2017가단2908
토지인도
Text

1. The Plaintiff:

A. Defendant B shall each point of the Attached Form 1 to 6, and 1 of Attached Form 3 on the ground of the land listed in Attached Table 1 List 2.

Reasons

1. Basic facts

A. On November 10, 2006, the Plaintiff acquired ownership on the ground of “sale on October 16, 2006.” On February 10, 2014, the Plaintiff acquired ownership on the land listed in Appendix 1, on the ground of “sale on October 16, 2006.” On February 10, 2014, the Plaintiff acquired ownership on the ground of “sale on January 25, 2014.”

B. On January 25, 2014, the Plaintiff entered into a lease agreement with Defendant B on each of the instant land with a deposit of KRW 10 million per month, KRW 1 million per month, and the term of the lease from April 1, 2014 to April 1, 2024 (hereinafter “instant lease agreement”), and stipulated the following special terms and conditions at the time:

(A) The term “Lessee” refers to the Plaintiff in the case of Defendant B. Matters regarding the Special Agreement on Land Lease.

1. A lessor shall cooperate with all of the matters of authorization and permission on new construction of a lessee;

2. The lessee shall not claim the superficies on the building at the expiration of the contract term, remove all the buildings and their accessory facilities on the land, and restore the building to its original state before the contract expires;

Provided, That if the lessor wishes to use it, he/she shall gratuitously transfer it to the lessor and register it.

6. The building shall be registered in the name of the lessee;

C. Since July 21, 2014, Defendant B newly constructed a building of 300 square meters, etc. (282.9 square meters, hereinafter referred to as “one building”) in part on the part of “B,” which connects each point of the attached drawing No. 1 through 16, and 1, on the ground of the land on which the attached drawing No. 2 was attached on July 21, 2014, and registered the preservation of ownership thereof. On March 11, 2015, Defendant B newly constructed a building of 30 square meters in part on the 1 through 16, and a commercial building of 76 square meters [A” portion of “A,” which connects each point of the attached drawing No. 3 to the land on the 2nd page, the 1st roof, the 1st class neighborhood living facilities, and the 1st class neighborhood living facilities of the 2nd class roof, and the 64.39 square meters in part on the 1st class.

arrow