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(영문) 부산지방법원 서부지원 2018.05.29 2017가단5561

건물철거 및 토지인도등

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1. The defendant shall be the plaintiff.

A. Of the land size 2,344 square meters in Gangseo-gu Busan Metropolitan City, indication 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, among the land size 2,344 square meters.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings at the video images specified in Gap evidence 1 through 7, evidence 12-5 through 16, evidence 12-1, evidence 12-1, 2, 3 and 4.

The Plaintiff is the owner of Gangseo-gu Busan Metropolitan City C, 2,344 square meters, and around January 10, 2016, the Plaintiff: (a) connected the Defendant with each point of (a) the attached table Nos. 4, 5, 17, 18, 4 of the land in question; (b) the part on the ship connecting each point of (b) the attached table Nos. 5, 6, 15, 16, 17, and 5 of the attached table Nos. 5, 6, 16, 17, and 7, 8, 13, 14, and 7 of the same drawings; and (c) leased the land of (c) the part on the ship, which is linked in sequence to the Defendant, by the period of January 10, 2017.

(The date of the first contract is January 10, 2005, and the renewal was made every year from January 10, 2007, which is the end of the first contract).

The defendant owned a plastic house building in each of the above parts and operated the business such as a fireworks house, etc.

C. On March 20, 2017, the Plaintiff sent to the Defendant a document “as to a claim for damages due to the termination of a building lease and the delay of rent,” stating that “the termination of the contract is notified of the termination of the contract due to the unpaid rent, removal of the ground structures, etc. and delivery of the land,” by content-certified mail, and the document reached the Defendant around that time.

The Defendant occupied the land of the aforementioned (a), (b), (c) and the part of the above (a) and (c) and the part of the attached Form 6, 7, 14, 15, and 6 among the land of the Gangseo-gu Busan Gangseo-gu 2,344 square meters, which are connected in order to each of the above points, and owns a vinyl-type household building over each of the above lands.

2. Determination

A. According to the above facts, the part concerning the claim for the delivery of land and the removal of a building on the land owned by the Plaintiff is examined as follows: the Defendant holding a plastic house building, which is a building or a structure on the land owned by the Plaintiff, shall be the Plaintiff, and the above (a), (b), (c), and (d) shall be on the ground