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(영문) 의정부지방법원 2016.02.18 2015나8200

건물등철거

Text

1. Items 1 through 3 of the judgment of the court of first instance, including the plaintiff's claim against the defendant C added at the trial.

Reasons

1. Facts of recognition;

A. On December 20, 1986, the Plaintiff purchased 104 square meters (hereinafter “1 piece of land”) and 182 square meters (hereinafter “2 piece of land”) before G on the 30th of the same month and completed the registration of ownership transfer on the 30th of the same month.

B. At the time of the Plaintiff’s acquisition of ownership of the instant land, housing units (hereinafter “building 1”) were each constructed on the part (A) of 89 square meters in the part on board, which connects each point of 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1 in sequence among the land in the attached Form No. 1, and on the part (a) of 2, the land unit (hereinafter “building 1”) was indicated in the attached Form No. 31, 32, 33, 34, 35, 36, and 31 in sequence among the land in the attached Form No. 2.

C. After acquiring the ownership of the instant land, the Plaintiff entered into a lease agreement with Defendant B, the owner of the instant building, on the land No. 1; and between H and I, the owner of the instant building, on the land No. 2 without setting the respective lease period; and between H and I, on the land No. 2. D.

In around 208, the Plaintiff entered into a contract with Defendant B to change the rent of land No. 1 into KRW 450,000 per annum. On August 31, 2010, the Plaintiff entered into a contract with H and I to set a period of KRW 700,000 per annum on the land No. 2 with Defendant D who purchased the building No. 2 from H and I.

E. On March 17, 2010, Defendant B paid to the Plaintiff KRW 500,00 as the rent under the said lease agreement (this was appropriated respectively for KRW 450,000 in the rent in 2008 and KRW 50,000 in the rent in 2009 under the said lease agreement). Defendant D did not pay to the Plaintiff the remainder of the rent in 2008,000 under the said lease agreement. Defendant D paid to the Plaintiff the rent in 50,000 on May 1, 201, as the rent in accordance with the said lease agreement. The same month.

4. A payment of KRW 700,000 in total, including KRW 200,000,000, which is in accordance with the above lease agreement.