logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 상주지원 2018.12.19 2018가단1611
손해배상(기)청구 등
Text

1. The part concerning the claim for damages concerning the disbursement of the costs of lawsuit in the instant lawsuit shall be dismissed.

2. The plaintiffs remaining.

Reasons

1. Facts of recognition;

A. On December 2007, the Plaintiffs leased 13 million won per annum and 12 million won per annum to the Defendant, with the Defendant, seven real estate (hereinafter “instant real estate”) including D farm site No. 2,489 square meters, E, 661 square meters per annum, and its ground buildings, etc., located at the time of residence (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). The Plaintiffs and the Defendant agreed to extend the term of the instant lease agreement by January 15, 2016, around 2010.

B. Plaintiff A newly constructed a building on the ground of F land (hereinafter “F building”), and completed registration of initial ownership on December 30, 200.

With respect to F building on November 11, 201, the registration of ownership transfer was completed under Article 23237 of the receipt of machinery such as resident support by the Daegu District Court on October 5, 201 as to F building on October 5, 201.

C. On May 22, 2015, the Plaintiffs sold the instant real estate to G and H, and on January 13, 2016, three of the instant real estate was completed in G future, and four of the instant real estate completed the registration of ownership transfer in H.

The Plaintiffs, around June 15, 2015, notified the Defendant that the instant lease agreement was terminated on January 15, 2016, and the Plaintiffs did not intend to maintain any longer contract. As such, the Plaintiffs transferred the instant real estate to the Defendant at the end of the contract term.

E. Plaintiff A asserted that the registration of ownership transfer in the name of the Defendant with respect to F building was a false conspiracy, and filed a lawsuit claiming the cancellation of ownership transfer registration under this Court Order 2015No2071, and the judgment in favor of Plaintiff A was rendered on June 29, 2016 in the above case.

As to this, the Defendant appealed by the Daegu District Court 2016Na8181, but on December 12, 2016, the appeal was dismissed, and the judgment became final and conclusive around that time.

F. G and H filed a lawsuit against the Defendant regarding the instant real estate by this Court No. 2016Gadan8182, and the judgment in favor of G and H was rendered on June 29, 2016.

The defendant appealed from Daegu District Court 2016Na306588, but March 2017.

arrow