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(영문) 춘천지방법원강릉지원 2016.04.12 2015가단22089
토지인도
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) Company A is attached to the attached Form 6168 square meters among the 6168 square meters of the land for the D railway in Gangseo-si.

Reasons

1. The following facts do not conflict between the parties, or evidence Nos. 2-2, 5-1, 2, and 6 (the defendant's agent stated to the effect that the authenticity was established on the second date for pleading of this case and stated to the effect that it was revoked, but after the examination of evidence was completed, revocation or withdrawal is not allowed. Thus, the above revocation is not acceptable), evidence Nos. 7, 5, and 7 can be acknowledged after considering the whole purport of the pleadings.

Around August 2011, the Plaintiff leased each building of 300 square meters and each of the buildings indicated in the order, among 6168 square meters and 300 square meters, to Defendant Company for the storage of building materials and storage, and the period from August 10, 201 to December 31, 2013.

(hereinafter “instant first lease contract”). (b)

Even after the expiration of the term under the above lease agreement, the Defendant Company requested that the Plaintiff extend the lease agreement to the Plaintiff while occupying each of the above real estate. From January 1, 2014 to June 30, 2014, the Plaintiff and the Defendant Company concluded a lease agreement with the Defendant Company to lease each of the real estate stated in the order (hereinafter “each of the instant real estate”) to the rent of KRW 1,036,970 (the rent for six months) as residential roads.

(hereinafter “instant second lease contract”). C.

As of the date of closing argument of this case, the husband of the defendant B and the defendant B who is the representative of the defendant company, and the auditor of the defendant company C are residing in the defendant company

2. Determination on the main claim

A. The plaintiff's summary of the plaintiff's assertion is the cause of the principal claim, and since the termination of the second lease contract of this case has expired, the plaintiff asserts that the plaintiff is jointly obligated to deliver each of the real estate of this case to the plaintiff.

B. According to the above facts of recognition as to the cause of the claim, since the second lease contract of this case has expired with the expiration of the period, it shall be restored to its original state unless there are special circumstances.

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