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(영문) 의정부지방법원 2019.05.16 2018가단113492

건물등철거

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff is the owner of each land indicated in the separate sheet (hereinafter “instant land”).

B. From around 1980, the Defendant paid KRW 10,000 to the Plaintiff as annual rent, and resides in a place where a 86m2 in the part of the ground building on which the attached drawing was indicated (hereinafter “instant house”). Of the land indicated in the attached Table No. 2 and the land indicated in the attached Table No. 5, 6, 30, 31, and 5, the Defendant occupied the part of 17m2 in the ship, which connected each point of 5, 6, 30, 31, and 17m2 in sequence, and used the part of the land on which the above drawing was indicated in the attached Table No. 2 for the parking lot of the instant house or the collection field (hereinafter “the part of the land occupied by the Defendant”).

On July 1, 2013, D, an agent of the plaintiff, sent content-certified mail to the defendant that purchases or demands payment (50,000 won per annum) by raising the rent.

On April 27, 2014, the Plaintiff entered into a sales contract with the Defendant’s ASEAN (hereinafter “instant sales contract”) that sells approximately KRW 100 of approximately 85 million among the lands listed in attached Table No. 1, as indicated in attached Table No. 1, the Plaintiff entered into the sales contract (hereinafter “instant sales contract”).

E. C paid to the Plaintiff KRW 30 million, in total, KRW 30 million on May 8, 2014 and KRW 10 million on May 29, 2014, as down payment under the instant sales contract.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, the result of this court’s request for surveying and appraisal of the branch offices of the Korea Land Information Corporation to the extent that other persons who leased land from the plaintiff in the vicinity of the land in this case alleged by the plaintiff in the purport of the entire pleadings are paid the rent of KRW 50,00 per annum by consultation with the plaintiff, but the defendant did not pay the rent from the rent in the year 2012.

The plaintiff will terminate the lease contract with the defendant on the grounds that the defendant's two or more rents are delayed.

The defendant is possessed by the defendant.