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(영문) 서울남부지방법원 2018.06.28 2016가합111394
토지인도
Text

1. The Defendant-Counterclaim Plaintiff Co., Ltd. shall be 3,241 square meters of land for factory in Gangseo-gu Seoul Metropolitan Government and attached Table to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff is the spouse of the deceased H (hereinafter “the deceased”). Plaintiff B, C, and D are the deceased’s children, Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established for the purpose of automobile maintenance business, etc., and Defendant F is the spouse of Defendant F, the representative of the Defendant Co., Ltd.

B. The Plaintiffs and the Deceased’s real estate ownership relationship 1) The Plaintiffs and the Deceased are the Gangseo-gu Seoul Metropolitan Government Land for Factory G G, 241 square meters (hereinafter “instant land”).

(A)A building listed in paragraph (1) through (3) among each building listed in the separate sheet on the ground and each building listed in paragraph (2) above (hereinafter referred to as “A”, “B-dong building”, “A-dong building listed in paragraph (3),” “D-dong building”, and “D-dong building listed in paragraph (4).

(2) The deceased died on March 19, 2012, and the deceased inherited 1/5 shares of the deceased on the instant land and the building A, B, and C, according to the consultation and division. At present, the Plaintiffs’ shares in the instant land and the building A, B, and C are Plaintiff A12/45, Plaintiff B, C, and D 11/45.

C. On March 31, 2004, the Plaintiffs and the Deceased entered into a lease agreement with the Defendant Company with the terms that the instant land and Adong (excluding the portion of 252 square meters on board, which connects each point of the second floor, 1, 2, 3, 4, 5, 6, 1) were leased to the Defendant Company with the term of lease from April 1, 2004 to March 31, 2009 (hereinafter “the instant lease agreement”).

The main contents of the instant lease agreement are as follows.

Real Estate Lease Agreement

8. The lessee may rebuild or alter the leased area with the permission of the lessor, but the lessee shall bear all the costs of the lease in the case of specification of the leased object.

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