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(영문) 서울중앙지방법원 2017.01.13 2016가단5056918
차임
Text

1. On October 15, 2016, the Plaintiff (Counterclaim Defendant) paid KRW 15,400,000 to the Defendant (Counterclaim Plaintiff Co., Ltd.) and its related amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 30, 2002, the Plaintiff, who acquired the Plaintiff’s land ownership, owns B large 265 square meters at the auction.

B. The Plaintiff and ELBus Co., Ltd. 1) The ELBus Co., Ltd. (formerly, “ELBus”) from around 1999, prior to the Plaintiff’s acquisition of the above land, 9.17 square meters of the above land (formerly, this part is referred to as “the instant land”).

(2) On October 1, 2002, the Plaintiff acquired ownership and entered into a lease agreement on the instant land with LOBS.

At this time, Article 6 of the lease agreement provides that "The ELPus may use the leased object and installed facilities jointly with other communications business operators, and in this case the plaintiff does not demand a separate rent from ELPus," and that "the plaintiff does not raise any objection against the profit from the use of the leased object of ELPus," as a special agreement.

C. The sub-lease contract 1 between the ELPus and the Defendants is the sub-lease contract 1) The part of the instant land on February 11, 2008 and February 13, 2008 on the installation of mobile communication equipment among the instant land is the Defendant KT Co., Ltd. (hereinafter referred to as the "Defendant KT").

2) On November 5, 2008, 2008, 10 square meters out of the land in this case were sub-leaseed to the KTP Host Co., Ltd. and KTP Host Co., Ltd. (hereinafter “Defendant SP”)

3) The Defendants, as above, concluded a sublease contract with ELS and jointly used part of the mobile communication facilities, such as the antenna steel tower, installed by ELS. D. The Plaintiff and the Defendants are the Plaintiff on November 5, 2008.

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