건물철거 및 토지인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff owned Non-Party D’s non-party 2. The Plaintiff’s wife died in 2003 and died in 2010, and the Plaintiff completed the registration of ownership transfer regarding the said real estate on March 28, 2013 on the ground of inheritance by agreement division.
B. D on December 3, 1991, leased the instant land in KRW 280,00 per annum to E Middle Schools. By December 22, 1998, the lease was renewed each year by December 22, 1998, and entered into a lease agreement with the annual rent of KRW 429,690, and one year for the lease term as of December 22, 1998, and thereafter the lease was explicitly renewed.
C. In addition, from January 208, the Defendant: (a) purchased and owned a building on the instant land from around January 2008; (b) occupied the instant land; and (c) implicitly succeeded to the said lease agreement with D and the Plaintiff, thereby maintaining the lessee’s status.
On the other hand, the defendant owns 30 square meters in the part of the ship (A) which connects each point of the items of the annexed drawing Nos. 1, 2, 3, 4, and 1 on the land of this case and 91 square meters in the part (B) which connects each point of the items of the annexed drawing Nos. 5, 6, 7, 8, and 5 on the ground of the land of this case, and the part (B) which connects each point of the (A) of the annexed drawing Nos. 2,
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including additional numbers), the result of the request for surveying and appraisal to the Director of the Korea Cadastral Headquarters of the Chungcheong District Headquarters of the Court, the purport of the whole pleadings
2. On April 24, 2014, the Defendant asserted that the lease contract of this case was terminated lawfully since the Defendant did not pay the rent since 2009, and the Plaintiff expressed to the Defendant that he would terminate the lease contract on the grounds of two or more occasions of delinquency in payment of rent.
Therefore, the Defendant is with the area of 30 square meters in a warehouse on the ground, which connects each point of the (A) section of the attached Form No. 1, 2, 3, 4, and 1, among the area of 461 square meters in Incheon Metropolitan City, to the Plaintiff.