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(영문) 춘천지방법원원주지원 2019.05.08 2017가단38265

건물등철거

Text

1. The defendant shall be the plaintiff.

A. Of the land size of 3,570 square meters in Kuju-si, the attached Form 3, 4, 5, 23, 16, 17, 18, 19, 22, and 3 shall each apply.

Reasons

1. Facts of recognition;

A. On April 1, 2016, the Plaintiff entered into a lease agreement with D Co., Ltd. (hereinafter “Nonindicted Company”) on the building, such as the E-ground factories and offices, and on the building and the land for which the Flux 1,845 square meters and 3,570 square meters in Kuju-si, which is the site for the land, the Plaintiff entered into a lease agreement with the Plaintiff from April 1, 2016 to July 30, 2020.

B. On the same day, the Plaintiff entered into a sublease contract between the Defendant and the Defendant on the same day, which provides that deposit amount of KRW 10 million, KRW 550,000 per month, and KRW 550,000 per month (including value added tax) shall be terminated simultaneously with the expiration of the Plaintiff’s lease term. In the event that the overdue amount falls short of the rent of two months, the Plaintiff may immediately terminate the contract, and in the event that the contract is terminated, the Defendant shall recover the said object to its original state and return it to the Plaintiff (hereinafter “instant sublease contract”).

C. However, after the conclusion of the sub-lease contract of this case, the non-party company wanted to use the subject factory and its site subject to the sub-lease contract of this case, and the plaintiff and the defendant decided to change part of the C site of this case to the subject of the sub-lease contract of this case, and the non-party company consented thereto.

피고는 원주시 C 대지 중 일부를 점유사용하면서 위 C 토지 일부와 H 구거 및 I 하천 지상에 c을 축조하였는데, 위 철골구조물 중 원주시 C 토지 지상에 축조된 부분은 별지 도면 표시 3, 4, 5, 23, 16, 17, 18, 19, 22, 3의 각 점을 순차로 연결한 선내 ㈐ 부분 452㎡이고, 조립식 패널 건조물 중 위 C 토지 지상에 축조된 부분은 같은 도면 표시 1, 2, 21, 1의 각 점을 순차로 연결한 선내 ㈑ 부분 5㎡이다.

E. If the Defendant appropriated the monthly rent from May 22, 2017 to February 2017 in the order of the first due date, that the Defendant paid the monthly rent from February 2017. < Amended by Act No. 14190, Nov. 29, 2016; Act No. 14350, Dec. 2, 2016>