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(영문) 대전지방법원 2018.05.30 2017나101988
부동산인도청구 등
Text

1. Revocation of the first instance judgment.

2. The Defendants jointly do so to the Plaintiff out of the 3,890 square meters in Chungcheongnam-gun, Chungcheongnam-nam-gun.

Reasons

Basic facts E acquired ownership of land of 3,890 square meters in Chungcheongnam-gun, Chungcheongnam-do due to inheritance on October 7, 2003.

On January 2, 2012, the registration of transfer of ownership was completed on the ground of gift in the future of the plaintiff.

The defendants set up a house as stated in Paragraph 2 of this Article, a river house, a river house, and a river house on the above land.

[Based on recognition] Defendant B: According to the above facts without dispute with Defendant C, as to the grounds for claiming determination of the overall purport of the pleadings, the Defendants are obligated to: (a) 15 square meters of housing units 15 square meters; (b) 2, 3, 4, and 5 square meters of housing units 15 square meters; (c) 9, 10, 11, 12, 12, 12, and 9; (d) 25 square meters of housing units ; (c) 26 square meters of housing units ; (d) 25 square meters of housing units ; (e) 26 square meters of housing units ; (e) 26 square meters of housing units ; (e) 26 square meters of land units ; (e) 26 square meters of housing units ; (e) 26 square meters of housing units ; (e) 13, 14, 16, 13, and 17; and (g) 1624 square meters of land units 2;

Defendant C’s defense regarding Defendant C’s defense set the lease period for leasing the above land on or around January 1, 2005 from E, and thereafter, the above lease term was implicitly renewed every five years, and it was finally renewed on January 1, 2015 until December 31, 2019, and thus, Defendant C has the right to possess the above land under the lease agreement.

The fact that Defendant C leased the above land from E on January 1, 2005 (hereinafter “instant lease contract”) upon the conclusion of the non-specified lease agreement.

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