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(영문) 전주지방법원 2015.08.19 2014가단38847

건물등철거

Text

1. The defendant shall pay KRW 2,337,00 to the plaintiff.

2. All remaining claims of the Plaintiff are dismissed.

3...

Reasons

1. Basic facts

A. 1) A, one of the co-owners of the instant land, C, D, E, and F, has leased the instant land several times prior to 1995 and has leased it to the Defendant on January 1, 2014. Around January 1, 2014, the instant land was leased to the Defendant by setting the lease period from January 1, 201 to January 1, 2016 (hereinafter “instant lease agreement”).

(2) Article 3 of the instant lease agreement provides that “The lessee may not change the purpose or structure of the said real estate without the consent of the lessor, or sub-lease, lease, transfer the right to lease, or offer the security, and use it for any purpose other than the purpose of lease.” Article 4 provides that “The lessor may immediately terminate this contract when the lessee violates Article 3.”

3) On April 3, 2014, the Plaintiff purchased all co-owners’ shares from the above four co-owners, and completed the registration of ownership transfer on May 2, 2014, and succeeded to the instant lease agreement. (b) The instant lease agreement was also succeeded to the instant illegal building. (c) The Defendant: (a) placed concrete cement packaging on the instant land at any time before January 1, 2014 without obtaining permission from C, a lessor of the instant land; and (b) constructed a prefabricated panel 20.3 square meters, iron pipe 49.3 square meters (hereinafter “instant garage”).

2 C demanded the Defendant to remove at least the instant garage at the time when the construction of concrete cement package and the instant garage was recognized. However, the Defendant did not demand removal any further, as the instant garage is necessary for the parking lot business, and later, the Defendant responded to the purport that it would restore the instant garage to its original state upon return of the instant land. On January 1, 2014, there was a concrete cement package and the instant garage, without indicating any objection.