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(영문) 창원지방법원통영지원 2014.07.17 2013가단2121
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. As to the buildings listed in the separate sheet, it is limited to the reasons for the transfer agreement on June 26, 2002.

Reasons

1. Basic facts

A. On June 26, 2002, the Plaintiff leased a lease deposit of KRW 5 million, monthly rent of KRW 600,000,000, monthly rent of KRW 5 million, and the lease period from July 1, 2002 to 24 months, which was owned by the Plaintiff to the Defendant at the time.

Under the special agreement at the time of the lease agreement, the lessee would use the building in the attached list located on the ground of the above land (hereinafter referred to as the “instant building”) for ten years, and the lessee would transfer the building as part of the rent to the lessor without any condition after ten years.

(hereinafter “instant transfer agreement”). B.

From July 1, 2002 to the closing date of the pleadings of this case, the defendant operates automobile repair and maintenance business in the building of this case.

C. Meanwhile, in the course of divorce with D on July 7, 2009, the Plaintiff filed a registration of transfer with D on the grounds of division of property with respect to the portion of 1/3 of the instant land, and D, on September 4, 2012, filed a registration of transfer with E, the representative director of the Defendant, on the grounds of sale on July 13, 2012.

[Ground] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 2-5, and the purport of the whole pleadings

2. Determination on the registration of transfer and the claim for delivery

A. Since the ten-year period stipulated in the instant transfer agreement was expired on June 30, 2012, the Defendant is obligated to inform the Plaintiff of the procedure for the transfer registration of ownership based on the instant transfer agreement, barring any other special circumstance.

B. As to the Defendant’s assertion, the Defendant asserts to the effect that the instant lease constitutes a lease with the object of owning the ground property, and that the instant transfer agreement with the purport of transferring the ground building at the expiration of the lease term excludes the lessee’s right to demand the purchase of the ground property under Article 643 of the Civil Act, and that the said agreement is null and void under

1. A lessee;

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