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(영문) 의정부지방법원 2020.10.22 2020가단120387

건물인도

Text

1. The Defendants jointly share 1/2 for each Plaintiff, respectively,

A. Attached Form 1(2).

Reasons

1. Basic facts

A. Attached 1’s land indicated in Paragraph (2) of the “Indication of Real Estate” (hereinafter “instant land”), the buildings listed in Attached 1’s attached Form (1) (hereinafter “the instant building”), and the attached Form 2’s indication (c), (d), (f), (g), (g), and (c) of the instant land. The prefabricated-type building (B), located in the part of the instant land, was owned by the networkF, owned by the second floor (the first floor parking lot, office, residential facilities, second floor container building; hereinafter “unregistered building”). After the death of the networkF, the Plaintiffs succeeded to the ownership of 1/2 shares, and the Plaintiffs completed the registration of ownership transfer by the Namyang-ju District Court of the Republic of Korea District Court on June 13, 2017 as to each of the instant land and the building of this case’s 1/2 shares.

B. The deceased G occupied, occupied, and used the instant building from the deceased F without a deposit at KRW 600,00,000 per month. On September 15, 2009, the deceased G entered the lease term at KRW 12 months from September 15, 2009 to September 15, 2010, the deposit amount at KRW 1,000, and the difference at KRW 400,00 per month; however, the deceased G and the deceased F agreed that the actual difference is KRW 60,00 per month without the previous deposit.

(hereinafter referred to as the “instant lease agreement”). There exists a special clause regarding the instant lease agreement stating that “the rent shall be the number of factories at the time of arrears for a period of two months.”

C. The instant lease agreement was implicitly renewed on the same condition even after the expiry.

The deceased G died on December 16, 2018, and his heir is Defendant C, Defendant D and Defendant E, the spouse of the deceased.

The Defendants had occupied the instant and unregistered buildings with the net G before their birth, and even after the fact of the network G, Defendant C operated the instant factory in the instant building, occupied unregistered buildings as parking lots, offices, and residential facilities, and Defendant D and Defendant E are also unregistered.