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(영문) 춘천지방법원원주지원 2015.11.27 2015가단2965

건물철거등

Text

1. Defendant D’s each point is indicated in the separate sheet No. 16, 17, 18, 19, and 16 among the land size No. 2,832 square meters before Haju-si.

Reasons

1. Facts of recognition;

A. Of the part of H 2,832 square meters (hereinafter “instant land”), the part of the order part of H 2,832 square meters (hereinafter “instant land”) was an unregistered building owned by I (hereinafter “instant building”). However, I leased the part of the instant building from the Plaintiff, and died in early 2014, and I did not find a person who succeeded to the instant building from the Plaintiff, the Plaintiff received from J 150,000 won monthly rent from the Plaintiff and had J reside in the instant building on the instant land.

B. On September 2014, Plaintiff A and Defendant D entered into a contract with Plaintiff A on the condition that Defendant D would pay KRW 15 million to Plaintiff A by December 31, 2014, under the condition that Defendant D would pay KRW 15 million to Plaintiff A, while repairing and using the instant building, on the condition that Plaintiff A would rent KRW 140,000 per annum.

(hereinafter “instant lease agreement”). C.

However, around December 1, 2014, Defendant D paid the Plaintiff KRW 2.5 million out of the above KRW 15 million to the Plaintiff and KRW 1.44 million up to December 31, 2014, and did not pay the remainder of KRW 12.5 million up to December 31, 2014.

In addition, Defendant D, by rebuilding and repairing the instant building, respectively leased (b) parts to Defendant F, (c) parts to Defendant G, and (d) parts to Defendant E, and currently Defendant F, G, and E occupy and use each of the said parts.

Accordingly, on January 16, 2015, Plaintiff A sent a content-certified mail, such as the written peremptory notice, to Defendant D. On February 2, 2015, Defendant D sent a content-certified mail, such as the written peremptory notice, to Plaintiff A.

Plaintiff

A around February 5, 2015, the recipient of the above written reply from the Plaintiff C and B, with the power of attorney attached with a certificate of seal impression that “A shall delegate the right to use the land of this case to the Plaintiff A”, and around that time, the Defendant D had presented it.

After March 24, 2015, Defendant D has the same letter as written in attached Form A to the Plaintiff.