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(영문) 춘천지방법원속초지원 2016.11.22 2015가단2449

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate and its site listed in Appendix 1 List 2;

B. September 2015

Reasons

1. Facts of recognition;

A. On September 1, 2015, the Plaintiff acquired ownership by winning a successful bid for the instant land and buildings in the auction procedure of the real estate auction procedure in the Seocho-gu Seoul District Court, Youngcheon District Court, as well as by paying the sale price.

B. On March 5, 2001, the Defendant made an agreement between D and D, the owner of the land of this case, that “D provides the land of this case, constructed a gas station building and hazardous materials storage facility (other than the building of this case) on the land of this case at the Defendant’s expense, and when the Defendant pays the purchase price of land, D would immediately transfer ownership to the Defendant, and pay the rent under a separate lease agreement until the Defendant pays the purchase price of the land (hereinafter “instant agreement”). Under the instant agreement, D constructed the building of this case on the land of this case at its own expense and completed the registration of ownership preservation in D future.

C. After September 5, 2001, the Defendant entered into a lease agreement with D to set a deposit of KRW 40 million with respect to the instant land and building, and filed a report on closure of business around March 20, 2014 while operating a gas station in the instant building, and currently, used the instant building (excluding the instant appurtenant facilities) for the purpose of lodging and using it for the purpose of using it as the site (134 square meters) in the state of failing to operate the gas station.

Meanwhile, around September 1, 2015, the Plaintiff acquired the ownership of the instant land and building, according to the results of the appraisal of rent of 349,000 won by 349,000 appraiser F, the monthly rent of the instant building is 386,00 won, or 349,000 won, as claimed by the Plaintiff.

According to the result of the appraisal of rent of 187,00 won for the part on the site of the instant building among the instant land, the monthly rent of 375,000 won for the instant land where the area of the instant land is 268 square meters (i.e., unit price of 240,000 square meters x 268 square meters x 268 square meters x annual rent rate of 7% per annum / 12 months, and 00 won hereinafter referred to as “caus”). Therefore, the above calculation formula is a formula.