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(영문) 춘천지방법원 속초지원 2018.02.06 2015가단301689

건물등철거

Text

1. Defendant C, D, and E jointly share KRW 65,392,026 to the Plaintiff, as well as the year from May 5, 2016 to February 6, 2018.

Reasons

1. Basic facts

A. Around August 11, 1999, F entered into a lease agreement with Defendant B (hereinafter collectively referred to as “Defendant B, etc.”), who is the owner of 123 square meters of Gangseoyang-gun Gri (hereinafter “Gri”), one of the co-owners of 123 square meters in JJ large-scale 134 square meters, to lease each of the above lands (hereinafter referred to as “each of the instant lands”) with deposit money of KRW 25,000,000, annual rent of KRW 25,600,000, and period of five years.

(B) No. 1. Of the terms of the above lease agreement, the parts relating to this case are as follows:

4. Conditions for removal: B (referring to F; hereinafter the same shall apply) shall remove buildings before the expiration of the contract, and if the contract is not implemented, A (referring to Defendant B, etc.; hereinafter the same shall apply) shall remove them at will, and the expenses shall be deducted from the deposit money.

Provided, That materials shall be voluntarily kept in the place in paragraph 3, and all the citizens and criminal responsibilities arising therefrom shall be reimbursed by Section B.

5. A shall lease only the land, and B shall construct a new building (prefabricated) under the Building Act within the said lot number, and the title shall be the name of A and the ownership of the building until the removal after the lease period is after the lease period.

Provided, That the authority of materials after their removal shall be vested in Section B, and the materials which are lost or damaged at the time of their removal shall not be raised by Section B.

6. The name of a building shall be limited to those having contact with a building among the land of three lessors.

7. All the management and liability of goods in a building, such as fire, theft, collapse, etc., during the lease term, shall be responsible for all taxes on various new constructions, building costs, permission costs and all taxes imposed on the management of the building, such as electricity, telephone charges, water charges, etc.

B. Defendant B, etc. obtained a building permit under its name on August 20, 199 and around October 20, 199, constructed a building on each of the instant land as indicated in the separate sheet (hereinafter “instant building”). On March 5, 2003, as the receipt of the Yangcheon District Court Yangyang Registry on March 5, 2003, the instant building was issued as 2020.

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