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(영문) 부산지방법원동부지원 2019.02.20 2017가단215607
토지인도
Text

1. The Plaintiff, Defendant C, and D Co., Ltd. deliver to the Plaintiff the area of 2036 square meters prior to the Busan-gun, Busan-gun, and Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of approximately 2036 square meters ( approximately 615 square meters, hereinafter “instant land”) prior to H in Busan-gun.

B. I, J, and K (hereinafter “I et al.”) operated a flower in the Ilwon Mream Complex in Busan Shipping Daegu L, but as the above flower complex was placed in the situation where the subway complex was removed due to subway construction, it would create a flower complex in the Nririwon in Busan. On April 5, 2006, the Plaintiff leased the instant land from the Plaintiff.

C. On February 10, 2006, I et al. entered into a consultation or construction contract with O Co., Ltd., P Co., Ltd. (hereinafter the above two companies) and Q chemicaling development complex. According to the above contract, O et al. entered into civil engineering works, such as changing the form and quality of land, and installing plastic houses, etc. on the instant land after obtaining permission or permission under the name of I et al.

However, in most of the cases where construction of greenhouses has been completed, there is a dispute between them on the grounds that I et al. sold a vinyl house and did not pay construction cost to the O et al., and eventually I et al. sold a vinyl house directly by the O et al. around November 2006.

E. Defendant C (hereinafter “Defendant C”) acquired all of the claims and obligations under the above construction contract from O, etc. around 2007, and Defendant C continued to sell the plastic houses, which the O et al. had continued.

F. As the Plaintiff entered into a lease agreement with I, etc. as described in the foregoing sub-paragraph (b) but was not paid the tea, the Plaintiff entered into a lease agreement again with Defendant C on February 18, 2012 with regard to the instant land (hereinafter “instant lease agreement”).

According to the instant lease agreement, the lease term is five years from February 18, 2012 to February 17, 2017, and the deposit is KRW 10,000 per square meter, and the rent is KRW 1,000 per square meter, and the lessor is the lessee’s overdue interest for two months.

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