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(영문) 광주지방법원순천지원 2019.05.09 2018가합11962
매매대금
Text

1. The defendant shall pay 207,757,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On April 9, 1982, the Plaintiff’s father-D entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, Jeonnam-gun E, and F (hereinafter “the above real estate’s lot number”) on the instant land, as follows:

Land Lease Agreement

1. The lessor refers to the lessor A and the lessee B for the purposes of the land category and land category of the property indicated and for the purpose of convenience of women, 394 Gri EF site in the Yacheon-si, the land category and land category of the property for which the lessor is indicated;

§ 1. A shall lease the above mentioned property to B and lease it to B.

§ 3.1. The lease period of land for the purpose of the construction of the above-mentioned building shall be thirty (30) years from the date of this contract.

4. Upon the expiration of the contract period, A shall pay to B the appraisal price at the market price of the appraiser, including the business district of the year concerned, for the above-ground and B shall revert to B all the ownership.

SECTION 4.B In the event of new construction, reconstruction, extension or alteration of the above-mentioned buildings or other ground objects, the construction must be carried out with the consent of the agency concerned after obtaining the consent of the Party A.

SECTION 5.1.B shall not engage in any act of transfer or lease of the above buildings or other above-ground objects to another without prior approval of A, and the contract shall be terminated by unilateral notification of A in violation of this provision.

2. A person who takes over or borrows from B pursuant to the preceding paragraph shall succeed to the rights and obligations of B.

§ 7.1. Where Party A wishes to cancel this contract during the contract period, it must be notified to Party B at least six months prior to the termination.

2. In the case of the preceding paragraph, A shall pay and purchase the market value of the above-ground materials installed by B.

SECTION 9. Upon cancellation of a contract pursuant to the provisions of Articles 4, 5, 6 and 8, A shall pay to B an amount equivalent to the appraisal value on the ground of the State concerned for the year concerned, and B shall have all the rights on the land owned.

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