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(영문) 부산지방법원 동부지원 2018.02.09 2017가합103725

토지인도

Text

1. The Plaintiff:

A. The Defendants jointly deliver 351m2 in Suwon-gu E, Busan, and are located on the above ground.

Reasons

1. Facts of recognition;

A. On December 7, 2015, the Plaintiff is entitled to the instant land: (a) on December 7, 2015, the number of land owned by the Plaintiff is 351 square meters (hereinafter “instant land”).

(2) On February 25, 2016, the Plaintiff purchased and completed the registration of transfer of ownership on the instant site. The Plaintiff registered his/her business with the trade name “F” on January 31, 2016, in order to temporarily conduct the instant parking lot business until a building permit was issued. (2) Defendant B is a person who operates his/her business with the trade name “H” and “I” in Article 101 of the Busan Young-gu G Building Act, adjacent to the instant site.

B. From June 2016, Defendant C established one container stuff and one signboard marked “D” on the instant site, and operated a parking lot business using the entire instant site. (ii) Defendant B paid each of the Plaintiff KRW 1,50,000 on June 22, 2016, ② KRW 1,500,000 on July 25, 2016, ③ KRW 1,500,000 on August 24, 2016, ④ KRW 3,000,00 on December 13, 2016, and ④ KRW 1,500,000 on February 6, 2017.

Defendant C paid KRW 1,00,000 to the Plaintiff on February 26, 2017.

C. On September 10, 2016, the Plaintiff was granted a building permit on the building to be constructed on the instant site. The Plaintiff did not pay a rent in spite of a verbal lease agreement to lease the instant site to Defendant B, Defendant B, and Defendant B did not pay a rent of KRW 1,500,000 for a monthly rent, and a third party is operating a parking lot business. As such, the Plaintiff’s notice was sent to the Plaintiff on April 24, 2017 to the effect that the Plaintiff shall immediately pay the instant site and deliver the instant site, remove containers installed on the ground, and restore the land to its original state. The said notice reached Defendant B on April 10, 2017. (2) The Plaintiff transferred the possession of the instant site to the Defendants on April 24, 2017 without the Plaintiff’s consent, and Defendant B transferred the possession of the instant parking lot to the Defendant C without any consent, and the aggregate of the unpaid rent in June 6, 400.