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(영문) 청주지방법원충주지원 2017.08.23 2017가단387

건물철거 등

Text

1. The defendant is the plaintiff (appointed party) and the successor.

A. Attached Form 1. Of each real estate listed in the separate sheet, indication 1.

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet (hereinafter “each land of this case”) owns 1/2 shares in C and D, and C shares in D shares to Selection E, 1/4 shares in D shares to Selection E, and the remaining 1/4 shares are transferred to the Plaintiff (designated party; hereinafter “Plaintiff”) and the Plaintiff owns 1/4 shares and 3/4 shares from January 9, 2008 to the date of January 9, 2008.

B. From around 1995, the Defendant leased and used each of the lands of this case from C and D, the former owner of each of the lands of this case, without fixing the period, and the above A.

As the owner of each of the instant lands was changed to Plaintiff and Plaintiff E, the status of the lessor of the said lease contract (hereinafter “instant lease contract”) was succeeded to Plaintiff and Plaintiff E.

C. The Defendant, in turn, installs a plastic house of 590 square meters and 588 square meters and 588 square meters and, in turn, connect each point in (B) part of each of the instant land, which connected each point of 1, 2, 3, 4, 1, and 5, each point of 59 square meters and 59 square meters and 9, 10, 11, 12, 12, and 9, in sequence, to the part of (C) of each of the instant land, which connects each point of 1, 590 square meters and 13, 14, 15, 16, and 13 of a plastic house, in sequence, to the part of (d) which connect each point of 1, 590 square meters and 5, 6, 7, 8, and 5.

(hereinafter referred to as “each of the instant greenhouses,” in total, D.

On January 7, 2016, the Plaintiff removed each of the instant vinyls and requested the Defendant to return each of the instant parcels of land by January 31, 2016. Accordingly, on January 11, 2016, the Defendant demanded the Plaintiff to extend the instant lease agreement by December 31, 2018 and to pay KRW 32 million for the relocation cost of each of the instant vinyls.

E. On December 30, 2016, the Plaintiff would terminate the instant lease agreement to the Defendant on December 31, 2016.