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(영문) 수원지방법원평택지원 2019.07.26 2019가단536

건물인도와 가설건축물철거 및 토지인도

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1. The Plaintiff:

A. Defendant B shall indicate 1, 2, 3, 4, and 1 of the attached Form No. 1 among the real estate listed in the attached Table No. 1.

Reasons

1. Basic facts

A. On January 201, the Plaintiff made an oral agreement with Defendant C (hereinafter “Defendant C”) on the condition that the building indicated in the attached Table No. 1, which is the land of Pyeongtaek-si D, 600 square meters, and that the above land and the above ground buildings be leased to KRW 5 million, and KRW 450,000 per month, and transferred the leased object of this case to Defendant C.

Since that time, Defendant C operated a sales store from the above leased object.

B. Since then, the Plaintiff accepted Defendant C’s request to prepare a lease agreement under the name of wife E, and completed the following lease agreement by modifying part of the oral agreement with Defendant C around December 28, 201.

(hereinafter referred to as the “instant lease contract” in this case). A lease deposit of KRW 5 million, and KRW 500,000,000 per month from December 27, 201 to December 24, 201, the lease term of KRW 500,000 per month is terminated, which is the monthly rent for restoration at least twice, or the lessor may arbitrarily dispose of the things inside the building when the contact with the lessor is terminated.

C. From April 2012, Defendant C began to delay the rent, but the said lease agreement was maintained with the Plaintiff’s understanding while paying two or three-minutes of arrears to the Plaintiff. On the other hand, on July 26, 2012, Defendant C obtained a “land use approval” with the Plaintiff’s permission for construction of a temporary building on July 31, 2012, and obtained a “land use approval” on July 31, 2012, and around August 2013, 201, a 2-Dong temporary building (hereinafter “instant temporary building”) indicated in attached Table 2, such as a pipe 40 square meters, on the ground of the leased object, and used it on the land of the instant temporary building and on the operation of a sales store, as it was used.

The instant lease agreement is maintained at an impliedly renewed state without any amendment to the terms and conditions of the contract, while the Plaintiff is below Defendant C around February 10, 2017.