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(영문) 의정부지방법원 고양지원 2018.02.08 2016가단30206

건물철거 등

Text

1. The Defendants:

A. Of the real estate listed in paragraph (1) of the attached Table No. 1, the Plaintiff indicated in the attached Table No. 1, 2, 5, 6, and 1.

Reasons

1. The Plaintiff’s owner and J land (hereinafter “J land”) are the Plaintiff’s owner and the Plaintiff’s owner. The Plaintiff’s owner and the J land (hereinafter “J land”) are the Plaintiff’s ownership.

Around December 24, 1992, the deceased K (the death of December 24, 1999) entered into a land lease agreement with the plaintiff B with respect to the J land, and around that time, the housing was located on the ground, and the housing was extended to the I land adjacent to J land, such as the annexed drawing.

The defendants are the successors of the network K.

Plaintiff

B terminated the J land lease contract by serving the duplicate of the complaint in this case, and the duplicate of the complaint in this case was served to Defendant G on October 9, 2017, and the notification of termination to all inheritors was effective.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, result of an appraisal commission for appraiser L, purport of whole pleadings]

2. Assertion and determination

A. The Defendants are obliged to remove the Plaintiff’s housing and transfer land without any title, and thus, the Defendants shall remove the portion of “1” building and deliver the land to Plaintiff A, which are 5 square meters connected with each point of the attached Form 1, 2, 5, 6, and 1, in sequence.

B. The effect of the termination of the J-land lease agreement against the Defendants obligated to remove the Plaintiff B’s housing and deliver land shall take effect on April 9, 2018 when six months have elapsed from October 9, 2017, which was the notification date of termination.

Therefore, the Defendants should remove 60 square meters of the “B” section of the “B” building and deliver the relevant land to the Plaintiff in sequence with each point indicated in the separate sheet No. 2, 3, 4, 5, and 2.

C. The Defendants’ determination on the Defendants’ right to purchase a building shall exercise the Plaintiff B’s right to purchase a building on the ground.

However, in addition to the J land owned by the Defendants, the housing is extended to the I land owned by the Plaintiff A, and in this case, the housing located in the J land is located.