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(영문) 인천지방법원 2018.08.16 2017가단17527
토지인도등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant B shall each indicate 1, 2, 3, 4, and 1 of the attached Form 1 on the ground of the land listed in the attached list.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Facts of recognition;

A. The relationship between the parties (1) The Plaintiff is the owner who completed the registration of ownership transfer with respect to the land indicated in the separate sheet in 1986 (hereinafter “instant land”).

The plaintiff has delegated F with the right to manage the land of this case to F and has managed it through F.

(2) Defendant D is subject to the disposition No. 1-C.

In possession of each unauthorized Building (hereinafter referred to as “First Counterclaim Building”) described in paragraph (6), (7), and (8), a restaurant is operated in the name of “G”.

The Defendant-Counterclaim Plaintiff (hereinafter “Defendant-Counterclaim”) operates G in a de facto marital relationship with Defendant D, and occupies a portion of 1,881 square meters (2,106 square meters in actual area) as the owner of the first counterclaim building indicated in Article 1(f) of the Disposition (B) as the owner of the first counterclaim building (hereinafter “instant land”) while using it as a G restaurant site.

(3) Defendant B is entitled to 1-A of the Disposition.

A restaurant is operated in the name of “H” while possessing each unauthorized building (hereinafter collectively referred to as “second counterclaimed building”) described in (1), (2), (3), (4), and (5).

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is the owner of the 2-Counterclaim building that is the owner of the 2-Counterclaim building, and leased it to Defendant B to operate H, and the Disposition No. 1-e.

The part of the port (A) is 1,256 square meters (1,406 square meters) in part (1,256 square meters), which is located in the port (hereinafter referred to as “second counterclaim land”) while using it as a H restaurant site.

B. On July 1, 2016, the first lease agreement was prepared between the F and the Defendant-Counterclaim Plaintiff that was delegated with the right to manage the instant land by the Plaintiff in preparation of the first lease agreement.

The first lease contract includes FF as a lessor, and the Defendant-Counterclaim Plaintiff E as a lessee.

[The main contents of the lease contract] Indication of real estate: Lease real estate within the lease contract period of KRW 5,00,000 which is from July 1, 2016 to July 1, 2017.

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