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(영문) 의정부지방법원 2016.07.07 2014가단41896

지상물철거 및 토지인도

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1. The defendant points out to the plaintiff, each of which is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Facts of recognition;

A. On August 30, 198, the Plaintiff completed the registration of ownership transfer for the reason of donation from August 11, 1988 with respect to the real estate listed in the separate sheet (hereinafter “instant land”) on August 30, 198, and thereafter thereafter owned the instant land.

B. On May 9, 2003, the Plaintiff entered into a lease agreement with the Defendant with a fixed term of KRW 3.5 million per annum on the instant land, from May 9, 2003 to May 8, 2008 (60 months) and entered into a lease agreement between May 9, 2003 and May 8, 2008, and delivered the instant land to the Defendant.

C. On May 30, 2008, the Plaintiff entered into a lease agreement between the Defendant on the same rent and special agreement on the instant land (hereinafter “instant lease agreement”) and set the lease term from May 30, 2008 to April 6.

On May 2012, the Plaintiff received an additional amount of KRW 3.5 million from the Defendant as a rent for the instant land, and accordingly, the Defendant continued to occupy and use the instant land even after the said lease term expires.

On June 7, 2013, the Plaintiff expressed his/her intent to terminate the above lease agreement to the Defendant, thereby reaching the Defendant on June 10, 2013.

E. In the instant case, the Defendant successively connects each point of 1, 2, 3, 4, 5, 6, and 1 attached drawings to the instant land in sequence, and linked each point of 1, 2, 3, 4, 5, 6, and 1 to the instant land, “B” portion of “B” to the “B” portion of pipes, plastic roof, etc., which connects each point of 286 square meters in sequence with each point of 7, 8, 9, 10, and 7, such as the pipe section, plastic roof, etc., and the pipe section, which connects each point of 1, 12, 13, 14, 11 of the attached drawings, and the “C” portion of the “C” portion of the pipe section, such as the instant plastic roof, etc., and the “C” portion of the pipe section, which connect each point of 15, 16, 20, 215 of the attached drawings.