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(영문) 인천지방법원 2017.04.18 2015가단227795

건물등철거

Text

1. Funds for the defendant corporation;

A. The plaintiffs indicated in the annexed drawing 22,23,24, among the area of 2,282 square meters in Seo-gu Incheon Metropolitan City G bank 2,282.

Reasons

1. Facts of recognition;

A. Ownership-related 1) Seo-gu Incheon, Seo-gu, Incheon, 2,282 square meters (hereinafter “G land”).

(2) Of June 16, 2004, Plaintiff A was entitled to share 2,261/3,253; Plaintiff B was entitled to share 992/3,253 shares; Plaintiff B was entitled to share 992/3,253 shares; Defendant C was entitled to share 4,320 square meters for H miscellaneous land in Seo-gu Incheon, Seo-gu (hereinafter “H land”); Defendant C was entitled to share 672/8,396 shares on April 4, 201; Defendant D was entitled to share 1,66/8,396 shares on April 4, 201; Defendant E and F were entitled to share 1,63/8,396 shares; and Defendant E and F was entitled to share 1,63/8,396 shares on April 4, 201.

B. Nonparty C, D, E, and F (hereinafter collectively referred to as “Defendant C, etc.”) entered into a real estate lease agreement with Defendant C, E, and C, etc. on April 25, 2013 with regard to the aggregate of 32,250 square meters of the eight parcels of land, including H land, using a lease agreement from 202, prior to the acquisition of ownership, for the purpose of using it as a parking lot for construction equipment. On April 25, 2013, the term “the contract period from May 1, 2013 to April 30, 2014” with Defendant C, etc. concluded a real estate lease agreement with the following: “The total amount of 5,500,000,000 value-added tax calculated by 10% of the total amount of value-added tax for each month.”

B) On the same day, Nonparty I prepared to Defendant C, etc. a letter stating that “The de facto lessee of the above lease agreement belongs to all his rights and obligations under the said lease agreement, and thus, would comply with the terms and conditions of the said agreement.” 2) On December 31, 2013, Nonparty C Co., Ltd. (hereinafter “Defendant Down”) and H land, KRW 10,000,000, monthly rent of KRW 1,000, monthly rent of KRW 1,000 (value-added tax separate), and from December 31, 2013 to April 30, 2015, the real estate lease agreement, which is sub-leaseed with the content that “the de facto lessee of the above lease agreement belongs to himself/herself as to all rights and obligations under the said lease agreement.” 2,000,000 square meters of H land (the currently in use area) shall be the deposit amount of KRW 2,01,00,000.