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(영문) 춘천지방법원속초지원 2015.04.21 2013가단3264

건물철거

Text

1. Defendant B’s share in Defendant B 5/7, Defendant C’s share in Defendant C’s share in 2/7, and Nonparty D’s share in 582 square meters in Gangwon-gun.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 7, the appraisal results of appraiser E and the purport of all pleadings:

The Plaintiff is the owner of the 582 square meters in Gangwon-do, Gangwon-gun (hereinafter referred to as “instant land”).

B. The Defendants, in sequence, connect each point of 1, 2, 3, 4, 5, and 1 of the annexed drawings among the above land, are occupying the instant land by sharing the shares of Defendant B 5/7 and the shares of Defendant C 2/7 with respect to the portion of the above land of 27 square meters on the ground slate building (house) connected with each point of 48 square meters on the ground (house) and 4, 5, 6, 7, and 4 of the same drawings, which are above 16 square meters on the ground (house attached) and 9, 10, 15, 8, and 9 of the same drawings, in sequence, connected each point of 1, 2, 3, 4, 5, and 1.

C. From May 2012, the Plaintiff indicated that Defendant C was an agent of Defendant B in the real estate lease agreement (Evidence A6) signed between the Plaintiff and the Defendants, but the Plaintiff was paid KRW 1,00,000 per annum from the Defendant in the complaint, and the Defendants were not paid thereafter in the complaint. In full view of the overall purport of the pleadings, the Plaintiff’s lease agreement is concluded between the Plaintiff and the Defendants, including the following: (a) the Plaintiff was stated in the complaint that “the Plaintiff was paid KRW 1,00,000 per annum from the Defendant; and (b) the Defendants exercised the right to purchase the instant building against the Plaintiff.”

The Plaintiff entered into a lease agreement with the Defendants, setting the instant land as annual rent of KRW 1,00,000 as the site of the instant building, and the term of lease from May 15, 2012 to May 14, 2013 (hereinafter “instant lease agreement”). D.

The Defendants, around May 22, 2013, reduced to the Plaintiff the annual rent of the instant land at KRW 450,000.