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(영문) 의정부지방법원 2018.10.31 2017가단17726

시설물철거 및 토지인도

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1. The Defendant: C 33,860 square meters in Yangju-si to the Plaintiff

(a) The number of points indicated in the Annex 1, 2, 3, 4, and 1 shall be in order.

Reasons

1. Facts of recognition;

A. The land of this case (hereinafter “instant land”) is the land owned by the Plaintiff in Yangju-si.

B. The Plaintiff leased part of the instant land to the Defendant’s husband D for about twenty (20) years, and D installed a part of “A” part of “A” on the said land, which connects each point of 56m2, 3, 4, and 1 indicated in the attached drawings, and 5, 6, 7, 8, and 5m2 in order to connect each point of 56m2, 8m2, 8, and 9, 9, 10, 11, 12, and 9m2, of “B” portion of “A” in the same drawings, which connects each point of 9, 10, 11, 12, and 9m2 in the same drawings, and 5m2, 5m2, 3m2, 3m2, 3, 4, and 5m2 of “A” in the name of the Defendant, along with the Defendant.

C. On July 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with a police officer on the land with each of the instant facilities, setting the rent of KRW 4 million per annum and one year from the date of the lease contract without a lease deposit (hereinafter “instant lease agreement”). At the expiration of the lease term, D agreed to restore the said land to its original state.

On the other hand, around June 22, 2015, the Plaintiff had no intent to extend the instant lease agreement to D, and thus, sent a certificate of content that requested D to restore each of the facilities of this case by the expiration of the lease term.

E. Since September 14, 2015, D died on September 14, 2015, and the Defendant inherited D’s property.

In addition, the defendant discontinued the above E on May 1, 2015.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 6-1, Eul's 7, appraiser F's appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was terminated at the expiration of the period, the defendant, who is the heir of D, shall be restored to its original state.