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(영문) 인천지방법원 2017.06.13 2016가합57105

건물등철거

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) remove the buildings listed in paragraph 3 of the attached list; and

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 18, 2007, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the land indicated in [Attachment List 1 and 2 (hereinafter “instant land”) owned by the Plaintiff as follows.

2. Until December 25, 2012 (five years).

3. Deposit and rent deposit amount of KRW 50 million, monthly rent of KRW 4 million (in applying the rent from December 25, 2007, and later payment).

4. Matters specially agreed; and

(a) A lessor shall issue an order so that the lessee can use and benefit from the object of the contract as intended, and the lessee shall not use the object for any other purpose without the consent of the lessor, promising to use it for the purpose of motor vehicle-related facilities;

(b) The lessee shall bear the full amount of all expenses, including taxes and permission, taxes and public charges, etc. required for the use and profit-making business;

(c) The lessee shall complete the construction of a building (75 square meters or below) on condition that the leased object of the contract is at a price lower than the reality, obtain the approval for use in the name of the lessor, and complete the registration, and the lessor agrees to the matters to be determined as the rental period for a period of five years from the date of use.

E. The lessee promises to restore the land without any objection at the time of termination of the lease agreement to its original condition, and, if requested by the lessor, the lessee promises to perform the name of the building free of charge.

(f) A lessor reserves rent for a month at the cost of cost of establishing basic facilities (the rent shall apply from the month after the approval of use was granted).

After the conclusion of the instant lease contract, the Defendant newly constructed a building listed in the attached Table No. 3 (hereinafter “instant building”) on the instant land, and completed registration of ownership preservation in the Plaintiff’s name. From that time, the instant land and the instant building are related to automobiles.