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(영문) 서울중앙지방법원 2014.10.28 2013가합556730

지장물철거 및 대지인도청구 등

Text

1. The defendant shall remove each building listed in the separate sheet No. 1 to the plaintiff A and B, and each land listed in the same list.

Reasons

1. Basic facts

A. Agreement on the Lease of Temporary Building 1) The defendant is entitled to each land listed in the separate sheet No. 1 that he/she owned (hereinafter “instant land”).

(2) On December 3, 2003, the Plaintiff Sixx Co., Ltd. (formerly changed: Changx Co., Ltd.; hereinafter “Plaintiffxx”) entered into a contract for temporary re-lease with the Hando Integrated Construction Co., Ltd. (hereinafter “Onedo Integrated Construction”) which was awarded a subcontract for the said condominium construction, and supplied the said construction site with the temporary re-lease.

On April 8, 2004, the Defendant guaranteed the obligation for the cost of temporary re-use from April 1, 2004 to the end of transaction, which was owed to the Plaintiff by Japan General Construction in accordance with the above lease agreement.

3) In the event that the Ildo General Construction was in arrears with the rent and lost the ability to pay the rent due to the bill drawing, etc., the Plaintiff Citex and the Defendant agreed on May 16, 2005 (hereinafter “instant agreement on May 16, 2005”).

2) As to the rent of KRW 368,179,50 incurred from April 1, 2004 to April 30, 2005, the agreement is reached between the Bank of Bankruptcy and the Bank of Bankruptcy, a payment guarantee company, with a reduction of 50%, to KRW 184,089,750. 4. By June 30, 2005, the daily rent shall be 25% of the daily rent for the materials retained at the above site by offering convenience in accordance with the above agreement until June 30, 2005, and if the construction is not performed normally by the above period, the materials other than the above materials attached to the construction project from July 1, 2005 to April 30, shall be removed to the reduction, and there shall be no objection to the payment at the rate of KRW 50% of the total rent for the materials attached to the materials attached to the construction project (the amount shall be calculated to be 50% of the total rent for the materials attached until the day preceding day before the normal construction works are reconstructed.

Provided, That in principle, the normal rental fee shall be paid when the construction is re-scheduled normally, but the construction company, etc. shall be the contractor.