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(영문) 서울중앙지방법원 2014.08.28 2013가합541233
점유회수등
Text

1. The Defendants’ respective points out of the land indicated in the attached Table 1 List No. 1, 1, 8, 4, and 3, respectively, to each Plaintiff.

Reasons

1. Basic facts

A. On October 1, 2007, the Plaintiff’s representative D leased (hereinafter “instant restaurant lease agreement”) the land and buildings listed in the attached Table 1 List No. 2 (hereinafter “instant restaurant land and building”) from Defendant C by setting the lease deposit amount of KRW 200,000,000, monthly rent of KRW 8,000,000 (excluding value-added tax) and the lease term of KRW 11, 2007 from October 10, 2007 to October 10, 2010.

At the time, Nonparty E (hereinafter “F”) and G operated the restaurant in the instant restaurant land and building, and D operated the restaurant in the name of “H” in the said land and building (hereinafter “instant restaurant”).

B. Defendant C owned the instant restaurant land and building, sold to Nonparty I, J, and K on June 8, 2009, and completed the registration of ownership transfer on August 3, 2009.

On June 18, 2010, the above I, etc. sold the above land and buildings to Nonparty L and M, and completed the registration of ownership transfer on September 15, 201, and Nonparty L, etc. sold the above land and buildings to N andO on August 1, 201 and completed the registration of ownership transfer on September 19, 201.

C. D In the course of operating the restaurant of this case, on March 8, 2012, the Plaintiff established the Plaintiff, and on September 14, 2012, the Plaintiff leased the restaurant land and building of this case from the above N, the right holder of the instant restaurant land and building, as of September 14, 2012, KRW 300,000 per lease deposit, KRW 10,000 per month of rent (excluding value-added tax, and KRW 1,00,00,000, each of which is the tea of September 15, 2013 and September 15, 2015), and the term of lease from September 15, 2012 to September 14, 2017.

The land listed in [Attachment 1] Paragraph (1) of [Attachment 1 owned by the Republic of Korea (hereinafter “instant state-owned land”) is adjacent to the east and north of the instant state-owned land as shown in Appendix 2. The land below the land listed in [Attachment 1] Nos. 3 and 4 owned by the Defendant B in the east and north of the instant state-owned land.

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