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(영문) 서울중앙지방법원 2016.04.22 2015가단5396572

건물명도

Text

1. Of the area of 1345.8 square meters in Jung-gu Seoul Metropolitan Government;

A. Defendant B shall follow the following order in sequence: (1), (2), (3), (1) and (1).

Reasons

1. On March 18, 2008, the Plaintiff, as the owner of the building (hereinafter “instant land”) and its ground (hereinafter “instant building”) located in Jung-gu, Seoul, Jung-gu, Seoul (hereinafter “Seoul”) and the Plaintiff leased the building without permission (hereinafter “previous household building”) which was constructed to connect the instant building to a part of the instant land to the Defendant B on May 1, 2008, with the term of lease from May 1, 2008 to January 31, 2009

(hereinafter “instant lease agreement”). Defendant B engaged in a new sales business in part of the previous household building (16.5 square meters), and Defendant C engaged in a musical beverage sales business in the remainder of the previous household building (9 square meters).

On August 12, 2015, the Plaintiff sent to Defendant B a certificate of content requiring the delivery of the previous building, along with the purport of refusal to renew the lease agreement for the previous building. The content certification reached Defendant B on August 13, 2015.

On January 16, 2016, the Plaintiff transferred the previous provisional building from the Defendants, and removed the previous provisional building.

On January 22, 2016, the Defendants: (a) installed a household building covering the ceiling (hereinafter “instant household building”); (b) installed a household building (hereinafter “the instant household building”) with a steel pipe in the place where the previous building was installed without the Plaintiff’s permission; and (c) installed a household building covering the ceiling with a vinyl; and (d) indicated in the attached drawing(s) (i), (ii), (3), (1) among the instant land, the installer of a building with a height of 16.5 square meters connected each point in sequence, and the possessor of the relevant land in the order of priority, are the Defendant B; and (c) indicated in the attached drawing(s), (iv), (9), (0), and (c) the installer of a building with a height of 9.9 square meters and the possessor of the relevant part of the relevant land.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1-9 and the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the defendants are the owners of each of the building of this case and each of them.