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(영문) 청주지방법원 2020.11.12 2020나10146
소유권이전등기
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff’s father-E is the owner of the land for factory C 540 square meters and the land for factory D 367 square meters in Cheongju-si. The Plaintiff and the Plaintiff’s mother owned 2,218 square meters and 900 square meters of the J factory site adjacent to each of the above lands, and 1/2 shares of the land (hereinafter “Dong”). The Plaintiff’s father-E specify land only with a sign below “Dong” and the Plaintiff’s mother owns each of the instant lands including C, D, J, and N land.

(2) The Plaintiff and the Defendant own 1/2 shares in each of the instant buildings, and the Defendant operates K Cheongnam Agency in each of the instant buildings.

B. On June 3, 1997, the Defendant leased 2/3 of deposit money of KRW 20 million, monthly rent of KRW 1.8 million, and from June 30, 1997 to 24 months for the purpose of constructing a new warehouse. Around September 3, 1997, the Defendant newly constructed a second-story warehouse building on the ground of KRW 366 square meters prior to subdivision, in which the construction cost was KRW 35,00,000,000,000 for KRW 366,000,000,000 for KRW 367,000,000,000 for KRW 367,000,000,000 for KRW 366,000,000,000 for KRW 666,00,000,000 for KRW 366,00,000,000.

D The land category was changed to 367 square meters on December 9, 1997, and the land category was changed to 367 square meters on March 13, 2013 and the land category was changed to 367 square meters on March 13, 2013.

Before subdivision, the land category of J J 3,118 square meters was changed to 3,118 square meters on October 24, 201, and was divided into 2,218 square meters for J factory sites and 900 square meters for N factory sites on November 23, 201.

The defendant has fully borne the expenses incurred in changing the above land category.

C. On February 28, 2011, the Plaintiff and the Defendant entered into a partnership agreement and a land use agreement, and entered into the instant lease agreement: The Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff and the Defendant, including the Plaintiff: KRW 100,000,000,000 for KRW 30,000,000,000 for the Plaintiff, Defendant 70,000: I, representative: Plaintiff, and share: KRW 30,000 for the Plaintiff and Defendant 70% for the operation of the renovation project, and around March 8, 2011.

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