beta
(영문) 춘천지방법원영월지원 2016.10.12 2015가단10870

토지인도

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. delivers 1,386 square meters of land for the D railway in Gangwon-gun, Gangwon-gun;

B. Defendant A.

Reasons

In fact, the Plaintiff is the owner of the land of this case and the building of 137.13 square meters on May 2, 2009 with Defendant A, the lease term of the instant land and the instant land is from July 2, 2009 to December 31, 201, the rent of 2009 to KRW 17,68,00 (including value-added tax) and the rent of 2010 to KRW 17,68,00 (including value-added tax), and the rent of 209 to be calculated pursuant to Article 57 of the Plaintiff’s Asset Management Regulations (hereinafter “lease 1”) was concluded, and around that time, the Plaintiff delivered the instant land to Defendant A.

On February 14, 2011, the Defendant: (a) removed the above building which is the object of the lease agreement with the Plaintiff; (b) registered the reconstruction building on the building ledger (98 square meters on the ground of the 1st floor on the roof of the light steel structure sand site board).

The reconstruction building is in line with 70 square meters in a tent form in the above reconstruction building.

[Attachment 168 square meters (=70 square meters) of a facility (attached Form 1, 2, 3, 6, 7, 8, 9, 10, and 1, each of which is linked to the above reconstruction building (hereinafter referred to as “a part”) is a part on the ship (a) which connects each point in the attached Form 1,2, 3, 6, 7

2) On January 1, 2012, the Plaintiff entered into a lease agreement with Defendant Company B (hereinafter “Defendant Company”) on the instant land from January 1, 2012 to December 31, 2014; the rent for the year 2012 to KRW 24,181,800 (excluding value-added tax); and the rent for the year 2013 to the amount calculated pursuant to Article 57 of the Plaintiff’s Asset Management Regulations (hereinafter “instant lease agreement”); and thereafter, the Plaintiff transferred the instant land to the Defendant Company.

The Defendant Company and C have occupied and used the building of this case since the termination of the above lease agreement in accordance with the 2 lease agreement.

【Ground for recognition” without any dispute, Gap's evidence 1, 2, and 3, Gap's evidence 4-1, 2, Gap's evidence 5, and 6, and appraiser E's appraisal result.