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(영문) 서울서부지방법원 2017.03.09 2016가단241846

건물명도

Text

1. The defendant is paid KRW 30 million from the plaintiff and at the same time, among the buildings listed in the attached Table 1 attached hereto to the plaintiff.

Reasons

1. On October 31, 1995, the Defendant concluded a lease contract with the Plaintiff’s wife of KRW 30 million and KRW 800,000 per month (hereinafter “the lease contract in this case”) with respect to the store in this case and the facility in front of the store in this case, and paid the above deposit money to C, and sells the above building under the trade name “D” up to the day from that time. ② The Defendant removed the existing store facilities (building) during the construction sale business as above and installed the instant building for the above business, and installed the instant building for the purpose of restoring the original lease contract to the Plaintiff for the period of KRW 30,000 and KRW 20,000 as the Plaintiff died on December 19, 209, and KRW 36,000,000,000,000 for the first time between the Defendant and the Plaintiff on December 1, 201, and KRW 1,012,00,000,00).

2. Judgment on the defendant's assertion

A. The Defendant is not the subject matter of the instant lease agreement, but also the use and profit-making of the instant store, and thus, is not obliged to remove the instant building on the ground of the State-owned land.