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(영문) 인천지방법원 2016.06.17 2014가합60787
분양전환 승낙 의사표시 청구의 소
Text

1. The Plaintiff (Counterclaim Defendant) receives KRW 140,000,000 from the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. According to the overall purport of evidence Nos. 1, 2, 5, 7, and 10 as well as the overall purport of pleadings, the following facts: (i) the Defendant, a local public enterprise, entered into a lease agreement with the Plaintiff on May 16, 2012 with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to the lease deposit amounting to KRW 140,00,000, and the lease period from May 31, 2012 to May 30, 2014 (hereinafter “the lease agreement of this case”); (ii) the Defendant, upon the expiration of the lease period, agreed that the lease period shall not be extended after the expiration of the lease period, with the Plaintiff’s preferential right to sell; and (iii) the Plaintiff’s preferential right to sell the pertinent real estate at KRW 50,000,000, and each of the instant real estate at KRW 40,500,000, respectively, to the Plaintiff’s request for renewal of the lease agreement.

2. As to the principal claim

A. The Plaintiff asserts that the appraisal institution of this case and the appraiser B designated by this court were excessively calculated based on erroneous determination of market price increase or selection of comparative transaction cases regarding the instant real estate. The Plaintiff asserts that the right of preferential sale of the instant real estate should be exercised according to the appraisal price calculated by lawful methods on the premise that the Plaintiff did not extinguish the right of preferential sale.

(b)in this case;

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