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(영문) 의정부지방법원 2017.09.01 2016가합53760

건물등철거

Text

1. The defendant shall be the plaintiff.

(a) Indication 1, 2, 3, 4, 5, 6, 7, 8, 9, 9, 10, 11, 12, 13, of the annexed drawings within 2,697 square meters prior to Guri-si B.

Reasons

1. Basic facts

A. On September 10, 2008, the Plaintiff is an agricultural company, and was divided into B B 2,697 square meters prior to Guri-si, the Global Association Maintenance Foundation (hereinafter “Non-Party Foundation”); 1,099 square meters prior to C (350 square meters prior to D on October 31, 2014; 291 square meters prior to E on November 3, 2014); and 9 square meters prior to F.M. (Change of land category as road on November 3, 2014); hereinafter “the instant real estate”) with investment in kind from the Global Association Maintenance Foundation of the Dori-si, a foundation (hereinafter “Non-Party Foundation”); and completed the registration of ownership transfer on September 12, 2008.

B. Meanwhile, around May 2007, the non-party foundation entered into a lease agreement with the defendant on the land and its ground, the lease deposit amounting to KRW 50 million, monthly renting to KRW 5.8 million, and the lease period from May 1, 2007 to April 30, 2008, and continued to enter into a new lease agreement with the defendant each year.

The defendant operated a restaurant in G land and a building on the ground, and the real estate in this case has been used as a parking lot and a garden necessary for the restaurant business.

After the non-party foundation invested in kind in the Plaintiff, on February 2009, the non-party foundation and the Defendant limited the leased object to G land and buildings on the ground thereof at Guri-si, and entered into a lease agreement with the term from November 14, 2008 to November 13, 2009, by setting the deposit amount of KRW 50 million, monthly rent of KRW 3.8 million, and the term of lease.

다. 원고는 객토공사 등을 하여 이 사건 부동산을 농지로 복구하였는데, 피고는 이를 다시 주차장 등으로 이용하고, 구리시 B 전 2,697㎡ 내 별지도면 표시 30, 31, 60, 59, 30의 각 점을 순차 연결한 선내 (ㅍ)부분 창고3 30㎡, B 전 2,697㎡ 내 별지도면 표시 47, 48, 49, 50, 47의 각 점을 순차 연결한 선내 (ㅊ)부분 화장실 15㎡, B 전 2,697㎡ 내 별지도면 표시 43, 44, 45, 46, 43의 각 점을 순차 연결한 선내 (ㅈ)부분 컨테이너 12㎡, B 전 2,697㎡ 내 별지도면 표시 57, 58...