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(영문) 광주지방법원장흥지원 2015.09.23 2014가단3437

건물등철거

Text

1. The defendant removes the building No. 1 in the attached list to the plaintiff, and deliver the land No. 2 in the same list to the plaintiff.

2...

Reasons

1. Basic facts

A. On December 2, 1993, the Plaintiff leased the land No. 2 (hereinafter “instant land”) indicated in the [Attachment List owned by the Plaintiff to the Defendant as KRW 2 million, KRW 1.5 million per annum, and KRW 1.5 million per annum, from December 2, 1993 to December 1, 1996 (three years).

(hereinafter referred to as “the instant lease agreement”). After that, the Plaintiff and the Defendant changed the said lease term from April 23, 1995 to April 22, 1997, and the Defendant agreed to newly construct and use the building No. 1 on the instant land as indicated in the attached list (hereinafter referred to as “instant building”) on the instant land at the Defendant’s expense when the said lease term expires, and to restore the instant land to its original state and deliver it to the Plaintiff.

(B) The plaintiff and the defendant agreed to extend the above lease term from March 14, 1996 to December 31, 1999.

On January 24, 2000, the Plaintiff expressed to the Defendant the intention of refusal of renewal on the ground of delinquency in rent, sought removal of the building of this case and delivery of the land of this case on the ground of the expiration of the lease term, and filed an application for reconciliation prior to the filing of a lawsuit with the Defendant as 200 U.S. 1 of this Court. On January 31, 2000, the settlement between the Plaintiff and the Defendant (hereinafter “the settlement of this case”) was established as follows.

1. The defendant shall pay KRW 5,625,00 to the plaintiff by February 31, 200.

2. From January 1, 200 to December 31, 2001, the Plaintiff leased the instant land under the condition that the Defendant is paid KRW 3,000,000 monthly rent from the Defendant as KRW 1.50,000.

3. The defendant shall remove the building of this case at his own expense and deliver the land of this case to the plaintiff. In the event of default, the plaintiff shall remove the building of this case and the cost of removal shall be deducted from the lease deposit.

4. Where the defendant fails to pay the vehicle to the plaintiff for a period of two months, the defendant shall pay the benefit of time.