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(영문) 서울중앙지방법원 2014.06.13 2013가합21944

건물철거 등

Text

1. The Plaintiff:

A. Defendant B removed the buildings listed in the attached Table 1 and received KRW 80,000,00 from the Plaintiff.

Reasons

1. Basic facts

A. On April 24, 1970, the Plaintiff owned the ownership transfer registration with respect to the land listed in the attached Table 2 list (hereinafter “instant land”). On July 5, 1997, the Plaintiff acquired the ownership transfer registration with respect to the instant land by completing the ownership transfer registration with respect to each third of the instant land, and completed the ownership transfer registration with respect to W’s share transferred on July 5, 1997, thereby holding two-thirds of the present land.

The remaining X shares were partially transferred to Y, Z, AA, AB, AC, etc., and Defendant B owned 1,352.5 shares on August 16, 2002, 11.2 shares on August 17, 2005, 17.3 shares on October 26, 2009, 17.3 shares on October 26, 2009, and currently Defendant B owned 1/3 shares on the land of this case.

B. The ownership of the attached Table 1 (hereinafter “instant building”) newly constructed the instant building and completed registration of preservation of ownership on February 27, 1998. After that, part of the shares were transferred to Z, AA, AE, AC, AF, AG, AH, AI, etc., Defendant B acquired the ownership of the remainder of shares excluding AC shares through voluntary auction on August 16, 2002. After that, Defendant B acquired the remainder of shares of AC through AJ and AK on October 26, 2009, Defendant B solely owned the instant building.

C. The remaining Defendants, except Defendant B related to the lease of the instant building, leased part of the instant building from Defendant B and operated a used car sales place in the instant building.

On September 25, 2002, the Plaintiff and Defendant B entered into a lease agreement on the instant land between Defendant B and the Plaintiff on September 25, 2002 with regard to the Plaintiff’s share in the instant land, which shall be KRW 80,000,000, monthly rent of KRW 4,000,000, and the lease period of KRW 2 years (hereinafter “lease agreement”).

From the beginning of the beginning of 2012, Defendant B delayed the rent for the instant lease agreement and caused the overdue amount to reach the two-year rent, the Plaintiff was the Defendant on September 19, 2012.