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(영문) 대구지방법원김천지원 2017.07.13 2016가단32748
지상물매수청구
Text

1. The Plaintiff (Counterclaim Defendant) received KRW 5,000,000 from the Defendant (Counterclaim Plaintiff).

Reasons

1. The principal lawsuit and counterclaim shall be deemed all at a time;

A. The Defendant is the owner of the land indicated in attached Table No. 1 (hereinafter “instant land”).

In around 1994, the defendant leased the land specified in attached Table 1 to D.

B. D, after leasing the instant land, newly constructed each building listed in paragraphs 2 and 3 of the attached Table Nos. 2 and 3 (hereinafter referred to as “AB building”) on the ground as indicated in the attached Table Nos. 2 and 3 (hereinafter referred to as “AB building”) and operated a motor vehicle maintenance business after completing registration of ownership preservation on May 7, 1994, and part of the AB building was extended.

On May 21, 2015, the non-Dong building was originally registered as a single building, and the partition registration of non-Dong building was completed on May 21, 2015.

C. Since then, the lessee of the instant land and the owners of each of the above buildings were changed.

On April 20, 2005, the Plaintiffs, E, F, and G leased the instant land from the Defendant from April 20, 2005 to April 19, 2010, the deposit amount of KRW 5 million, and KRW 5 million per annum from April 20, 2005, and stipulated the following special terms by promising the Defendant to restore the land to its original state upon termination of the lease.

With respect to the land in this case, the lessee shall be at the end of restoration to its original state upon the expiration of the lease, and if the lessee fails to restore the land to its original state, he/she shall gratuitously transfer the land to the lessor and shall not file a civil or criminal objection.

D. On April 19, 2010, the Plaintiffs, E, and F agreed to reinstate the instant land with the same content as the previous one while concluding a lease agreement with the Defendant, setting the lease term as from April 20, 2010 to April 19, 2013, with a deposit amount of KRW 5 million, and monthly rent of KRW 700,000. After July 11, 2013, the instant land was leased from July 20, 2013 to July 20, 2016, by setting the lease term as KRW 500,000,000,000,000 from July 20, 2016, and KRW 95,000,000.

E. The defendant is not more than a lease contract.

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