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(영문) 대구지방법원 2014.02.07 2013가합202568
토지인도
Text

1. The defendant against the plaintiffs (as to shares of 3/7 to the plaintiff, 2/7 shares of 3/7, 2/7);

(a) the annexed list;

Reasons

1. Basic facts

A. On April 2003, the Defendant changed the land category into a road on August 6, 2006, the 1,474 square meters [the 40 square meters prior to G on August 8, 2003 (the 2006th day of April 6, 2006];

On March 15, 2004, each land was divided into each land listed in [Attachment 3 and 4] List Nos. 3 and 4, and the land category was changed to the site on June 10, 2009] entered into a lease agreement under the following terms (hereinafter “instant lease agreement”).

The security deposit of KRW 10,000,000 is paid and received at the time of the contract under Article 1 (Purpose) of the terms and conditions of the real estate lease contract. The remainder of KRW 8,000,000 shall be paid on April 15, 2003.

Monthly rent 2,000,000 shall be paid on the 15th of each month.

Article 2 (Duration) The lessor shall deliver the above real estate to the lessee by April 15, 2003 in a condition that he/she can use it and benefit from it for the purpose of the lease, and the term of lease shall be from the date of delivery to April 14, 2008.

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the use, structure, etc. of the above real estate, sub-lease, transfer the right of lease or offer the security, and use it for any purpose other than the purpose of lease without

Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice consecutively or has violated the provisions of Article 3, the lessor may terminate the contract without delay.

Matters of special agreement

1. The building will be returned to the lessor upon termination of the lease.2. The lessor will extend the lease in the absence of any special reason only once.

Under the instant lease agreement, the Defendant paid KRW 10,00,000 to E., and E transferred at its own expense the land indicated in [Attachment List Nos. 2 through 4 (hereinafter “each land of this case”) and KRW 40,000,000 to the Defendant, and the Defendant newly constructed at its own expense one of the buildings listed in [Attachment List Nos. 1 (hereinafter “instant building”) on the land listed in [Attachment List No. 2], and completed the registration of ownership preservation under the Defendant’s name on September 22, 2005.

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