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(영문) 춘천지방법원 2018.12.12 2017나52747
토지인도 등 청구의 소
Text

1. Each appeal filed by the plaintiff and the defendant is dismissed.

2. The plaintiff's conjunctive claim is added by this court.

Reasons

1. Basic facts

A. On June 4, 2010, B Co., Ltd. (hereinafter “B”) entered into a lease agreement with the Defendant to lease part of the parking lots (hereinafter “instant leased agreement”) out of the real estate listed in the attached Table No. B, which was owned by the Defendant and B (hereinafter “instant building”), as KRW 10,000,000 per annum, among the 1st real estate listed in the attached Table No. 98.56m2, 127.36m2, 27.36m2, 3rd reinforced concrete dormitory, and 65.62m2, listed in the attached Table No. 2, and 3 real estate listed in the attached Table No. 1 (hereinafter “instant lease agreement”).

B. On February 29, 2012, the Plaintiff completed the registration of ownership transfer on February 22, 2012 with respect to 3 real estate listed in the separate sheet on February 29, 2012, and completed the registration of ownership transfer on February 14, 2013 for 2 real estate listed in the instant building and the separate sheet on February 6, 2013.

C. 1) The Defendant occupied the first floor of the instant building that is not included in the scope of real estate for the purpose of the lease of this case, and used it without permission by constructing a provisional building. Accordingly, B filed a lawsuit against the Defendant, including the name of the building on which the termination of the instant lease agreement was caused by the Chuncheon District Court 201Gadan5175. Upon the judgment against the Defendant on January 24, 2013 in the said lawsuit, the Defendant appealed against this and filed an appeal (Sacheon District Court 2013Na694), and the Plaintiff participated in the said appellate procedure as the acquiring intervenor B. 2) on February 21, 2014, the said appellate court: “The Defendant entered the Plaintiff’s reinforced concrete building of the 1st floor reinforced concrete building of this case 98.5 square meters among the instant building; 358.93 square meters of reinforced concrete manufacturing facilities; 127.36 square meters of a dormitory; 23625 square meters of reinforced concrete building of India; and 236.25 square meters of India.”

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