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(영문) 서울북부지방법원 2016.07.08 2015나30631

건물철거 등

Text

1. Revocation of a judgment of the first instance;

2. The defendant is the Seoul Northern District Court with respect to the real estate stated in the attached Form to the plaintiff.

Reasons

1. Facts of premise;

A. A. Around May 23, 2001, D et al. agreed to purchase one household, instead of transferring the unauthorized building and the right to a land under land located in B and the Gangnam-gu Seoul Metropolitan Government (hereinafter “instant site”), which is scheduled to be newly built on the said site, etc., instead of transferring the unauthorized building and the right to a land under Article 243 square meters.

B. B obtained a construction permit for 10 households of tenement houses on the instant land that was rejected under the name of his employee E on July 23, 2001, and completed the construction at his own effort and cost. The real estate listed in the attached Form (hereinafter “instant housing”) is also one of them.

C. The contract for the lease of the above house was prepared under the name of the defendant, who is a woman of E, B, and B, as follows (hereinafter “the lease of this case”). On June 28, 2005, the defendant moved into the house above and received a fixed date on October 10, 207. The main contents of the lease contract were as follows: The lessor B, E, and the lessee: the object of lease: RJ 302, Dara-dong 300,000, the actual amount of deposit for lease of KRW 110,000 (=10,000,000 + 10,000,000,000 + 20,000,0000,000) and completed the registration of the establishment of the mortgage of this case under the order of 10,000,000,0000 won by changing the lease term from May 28, 2005 to May 27, 2007.

‘Implementation Note 1' to the effect that it is ‘Implementation Note 1'.

was prepared and delivered.

(f) On March 27, 2012, the foregoing housing registered for the preservation of ownership in the name of E is registered.