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(영문) 의정부지방법원 2016.01.15 2014가합3730

건물철거 및 토지인도

Text

1. The Defendant received KRW 15,367,820 from the Plaintiff simultaneously with the Plaintiff’s payment:

(a) Appendix 9.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each of the lands listed in the separate sheet Nos. 1 through 8 (hereinafter “each of the lands of this case”), and since acquiring ownership of each of the lands of this case, the Plaintiff and the Defendant entered into a lease agreement with the Defendant, instead of leasing each of the lands of this case to the Defendant, that the Plaintiff would manage the dissolution of a clan located in the forest and field No. 3 in Yangju City, under the pretext of the rent, and manage each of the lands of this case.

B. After the conclusion of the above lease agreement, the Defendant resided in a building on the land listed in paragraph (1) of the attached Table after receiving delivery of each of the instant land, while managing a clan's place of origin, and conducted a trial each year. Of each of the instant lands, the Defendant was a farmer in each of the lands listed in paragraphs 4 through 8 of the attached Table, and operated a restaurant in the land listed in paragraph (3) of the attached Table.

C. As a result, the Defendant resided in a building on the land indicated in paragraph 1 of the [Attachment List and expanded the building or temporarily built a building on the land indicated in paragraph 1 of the annexed Table as of the date of the extension of the building, the building on the land indicated in paragraph 1 of the annexed Table is constructed.

The defendant completed the registration of preservation of ownership of the above extended building on June 8, 1998. The indication on the register is as shown in paragraph (9) of the attached Table.

The indication on the above registry does not coincide with the current status of the building in the attached Form (1) through (4).

On September 16, 1999, the Plaintiff entered into a lease agreement with the Defendant with the same content as the termination of the lease agreement described in the above paragraph (a), but the lease term was not separately set.

E. On October 10, 2002, the Plaintiff entered into a lease agreement with the Defendant on the same terms as the above paragraph (hereinafter “instant lease agreement”) and set the lease term for five years.

After that, the instant lease contract has been implicitly renewed.

(f).