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(영문) 춘천지방법원원주지원 2015.05.14 2014가단6854
채권양도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The land of this case is the land owned by Eul, the father of which is the Plaintiff’s husband (hereinafter “instant land”) and 785 square meters in D miscellaneous land (hereinafter “D”).

E on July 24, 1997, the land in this case entered into a lease agreement with the Defendant, and the land in this case with F, the husband of the Defendant.

E on March 29, 2002, donated the instant land C and the instant land to the Plaintiff, and the Plaintiff succeeded to the status of the lessor under the said lease agreement.

B. The Defendant newly constructed a building listed in attached Table 2 (hereinafter “instant building”) on the ground of the instant land, and completed registration of ownership preservation on December 6, 200, and F newly constructed a building listed in attached Table 1 on the ground of the instant land, and completed registration of ownership preservation by constructing a building listed in attached Table 1 on the instant land.

C. F and the Defendant from July 1, 1998, operated the automobile maintenance and industry in the instant D land and on the land of this case C.

Meanwhile, on the other hand, on October 28, 1999, F was loaned 831 square meters away from the State prior to Griju, which is located between the instant land and the instant land, and the said land also is used as the site of the automobile maintenance industry company, along with the instant land and the instant land.

The Plaintiff filed a lawsuit against F and the Defendant for the removal of the instant building, etc. and the delivery of the instant C land and D land, as the Seoul District Court 2007Gadan391 case.

On March 24, 2008, the conciliation was concluded between the Plaintiff, F, and the Defendant.

Details of the mediation of the above case are as follows:

In the conciliation clause, “Plaintiff” refers to the Plaintiff, and “Defendant” refers to the instant F and the Defendant.

The lease contract relationship between the plaintiff, F, and the defendant was established through mediation, and the lease contract relationship is "the lease contract of this case" in this case.

In addition, the following mediation is the case.

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