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(영문) 창원지방법원통영지원 2016.08.17 2015가단25647
토지인도
Text

1. The defendant shall be the plaintiff.

(a) deliver C 199 square meters of land for a factory at a occiny;

(b)1,242,250 won and in respect thereof;

Reasons

1. Facts of recognition;

A. On June 26, 2002, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 5 million, monthly rent of KRW 600,000,000 and KRW 24 months from July 1, 2002.

At the time, D managed C's land for C 199 square meters (hereinafter "the instant land") in a macro-owned land adjacent to the instant land, and D and the Defendant did not enter in the lease contract, but included the instant land in the leased object.

B. D and the Defendant agreed at the time of the lease agreement to use the buildings indicated in the separate sheet located on the land E and C (hereinafter “instant building”) located on the instant land for 10 years by the lessee, and to transfer them to the lessor as part of the land rent for 10 years after the lease agreement.

C. On July 2, 2002, the defendant purchased the building of this case from F and completed the registration of ownership transfer. From that time, the defendant is operating automobile repair and maintenance business in the land of this case and the building of this case from that time to that time.

D Even after the lapse of 10 years from the date of conclusion of the lease agreement, the Defendant filed a lawsuit against the Defendant for the registration of ownership transfer, the name of the building, and the return of unjust enrichment under the court 2013da2121.

D and the Defendant’s lawsuit are as follows: “The Defendant shall implement the procedure for the registration of ownership transfer of the building of this case to D and deliver the building of this case to D, and pay the amount calculated by applying the rate of KRW 1,874,755 per month from March 1, 2014 to the completion date of delivery of the building of this case from March 1, 2014 to the date of delivery of the building of this case.”

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