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(영문) 서울남부지방법원 2020.06.24 2019가단208575

퇴거, 인도 등 청구의 소

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1. Defendant B pays KRW 5,000,000 to the Plaintiff.

2. The plaintiff's remaining claims against the defendant B and the remainder.

Reasons

1. Progress of this case

A. The Gangseo-gu Seoul Metropolitan Government FRoad (hereinafter “instant road”) including the instant key land is a place where the land owned by Gangseo-gu Seoul Metropolitan Government Office (hereinafter referred to as the “G market”) is used as the past road, and the said road is used as part of the market as it was formed by the “G market” centered on the said road.

On May 13, 1998, the Plaintiff: (a) paid KRW 23 million to J, which had been operating a string house in a building adjoining to the instant key part; (b) paid the said building fee to K, who had been the lessee of Defendant B, paid the fee for the use of the said string building, and operated a mutually partitioned point of “L” in the name of “L”, in which the Plaintiff paid the said fee for the use of the said string building to K, which is located on the ground of 1,585 square meters (hereinafter Defendant B’s land) located on the 2nd floor of reinforced concrete slab string roof, which was located on the ground of 1,585 square meters.

나. 1999. 4. 경 K는 당시 소유자의 동의를 받고 원래 건물에 인접해 있던 이 사건 도로의 일부를 포함해 72.8㎡를 증축하면서 ‘M마트’라는 상호의 점포로 사용하였는데(원래 건물이 별지 도면 표시 ㈑부분, 증축된 부분이 같은 도면 ㈐ 부분) 위 증축 시에 위 M마트의 지붕과 경계벽이 일체로 된 별지 도면1 표시 1 내지 7, 1의 각 점을 차례로 연결한 선내 (가)부분 8.0㎡와 (나)부분 3.6㎡ 지상 가건물(이하 이 사건 분쟁가건물)을 새로 축조하였다.

K and N, the lessee of the instant building, used the instant dispute to the Plaintiff for the use of the building usage fees. The Plaintiff, while operating the instant store as in the previous store in the instant building, had installed a board to set up the instant key land and sold the Cheongmul.

C. Defendant B purchased shares of Defendant B and land on February 28, 2001 fromO and became its owner, and Defendant B shall leave the instant dispute against the Plaintiff on the ground of the termination of the lease agreement with N as Seoul Southern District Court 201Gadan84902.