(영문) 부산지방법원동부지원 2015.08.21 2014가합100053

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(영문) 부산지방법원동부지원 2015.08.21 2014가합100053

부동산양도계약해지 등

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1. The Defendant’s KRW 25,00,000 and the Plaintiff’s annual rate of KRW 5% from January 28, 2014 to August 21, 2015.

Reasons

1. Basic facts

A. The defendant is a person who operated the camp site of "G" by leasing the plane captain D, E, and F (hereinafter "each land of this case") owned by C, and the plaintiff is a person who acquired all of the camping site facilities (including land lease) installed on each land of this case from the defendant.

B. (1) On May 16, 2013, the Plaintiff agreed to take over all of the camping site facilities installed and used on each of the instant land from the Defendant (hereinafter “instant transfer contract”), paid to the Defendant KRW 18 million on the day of the contract, and paid each of the remaining KRW 167 million on June 30, 2013, and operated the camping site thereafter.

(2) In entering into the instant transfer contract, the Plaintiff and the Defendant entered into a contract on the premise that the term of lease for each of the instant lands is 60 months. The instant transfer contract also states the term of lease (60 months from the date of delivery), which is part of the instant land owner C, and the term of lease (20 million won) and the security deposit (20 million won).

(3) On May 18, 2013, after the conclusion of the instant transfer contract, the Plaintiff entered into a lease agreement with C to lease each of the instant land as a deposit for lease of KRW 20 million, monthly rent of KRW 1 million, and the lease term from June 30, 2013 to 60 months, and the Defendant was also present at the time of the conclusion of the said lease agreement.

C. (1) In Busan Metropolitan City captain-gun, the land of this case was designated as a river area and the basic river plan was established, and the river work execution plan for the H members of the plane, including F and E, was formulated and publicly announced as follows:

(1) Public announcement of the designation of the first river on November 28, 1982 (2) The public announcement of the designation of the second river on August 13, 1996 shall be made on June 29, 2005 (4) the public announcement of the formulation of the basic river plan on June 29, 2005,

유사 판례

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