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(영문) 광주지방법원해남지원 2016.11.17 2016가단20494
건물명도
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit,

Reasons

1. Basic facts ( common to principal lawsuit and counterclaim);

A. On February 25, 1996, C completed the registration of ownership transfer for reasons of sale on February 23, 1999, on the real estate listed in paragraph 1 of the attached Table No. 1 (hereinafter “instant land”) owned by the Plaintiff, and completed the registration of ownership transfer for the Defendant on February 26, 199, as stated in paragraph 2 of the attached Table No. 2 (hereinafter “instant building”).

B. On March 1, 199, the Plaintiff leased the land of this case to the Defendant from March 1, 1999 to March 1, 2001, and KRW 6,000,00 as of February 1, 200, and then newly developed a lease contract or revised the term of lease of the previous lease as follows:

(F) The contract is amended on March 1, 2001 on March 1, 2001, 2000 won 6,000,000 won on March 1, 2001 and March 1, 2001, 200 won on March 1, 2003, 3.6,000 won on March 1, 2003 and March 1, 2003.

C. On March 2, 2005, the Full Livestock Industry Cooperatives completed provisional attachment execution on March 3, 2005, upon receiving a provisional attachment order against the Defendant.

(Seoul District Court 2005Kadan111, d.

On January 5, 2006, the defendant completed the registration of ownership transfer on the building of this case to the plaintiff on December 30, 2005.

On January 5, 2006, the Full Livestock Cooperatives applied for the cancellation of provisional attachment execution with respect to the building of this case, and on January 6, 2006, the provisional attachment registration was cancelled.

E. The Plaintiff and the Defendant did not separately prepare a lease contract, but continued to extend the lease period by two years, and until February 28, 2007, the Plaintiff and the Defendant maintained the rent amounting to KRW 6,00,000 as of February 28, 200, but gradually increased the rent from March 1, 2007 to KRW 50,000 per month.

And the defendant.

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