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(영문) 부산지방법원 2014.12.12 2014가단224604

건물등철거

Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the attached list (1), the indication of the attached drawings, 6, creamble, 4, 5, and 6.

Reasons

1. Basic facts

A. On July 23, 2013, the Defendant leased the part of 115.7 square meters at the time of the lease deposit, monthly rent of KRW 10 million, KRW 1.5 million, and KRW 1.5 million, among the buildings listed in the separate sheet (1) (hereinafter “the building in this case”) from the Plaintiff on the 1st floor of the building attached to the separate sheet (hereinafter “the building in this case”). On November 30, 2013, the Defendant: (a) leased the leased part of 115.7 square meters at the time of the lease deposit, KRW 10 million, KRW 1.5 million, and KRW 1.5.7 square meters at the time of the lease; and (b) on November 30, 2013, the Defendant successively leased the portion of the portion of the following (115.7 square meters at the time of monthly rent, KRW 400,0000,

B. From April 1, 2014, the Defendant did not pay the rent stipulated in the said lease agreement. Accordingly, the Plaintiff terminated the said lease agreement on the ground of the Defendant’s delinquency in payment on July 7, 2014’s written application for correction of the purport of the claim and its ground.

C. On the other hand, the Defendant set up the clers listed in the attached list (2) of the instant building (hereinafter “the instant clers”), and kept the objects listed in the attached list (3) on the rooftop of the instant building and the back of the instant building (hereinafter “the instant objects”).

[Ground of recognition] Facts without dispute, entry in Gap-1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, each of the above lease agreements between the plaintiff and the defendant was terminated by the plaintiff's declaration of termination on July 7, 2014. Thus, the defendant is obligated to deliver each of the above lease objects to the plaintiff, remove the cater of this case, and collect the goods of this case from April 1, 2014 to the delivery of each of the above lease objects.

As to this, the Defendant leased the instant building site from the Plaintiff to the instant building site, the Plaintiff did not have a duty to pay rent, as it obstructed the use of wastes by piling waste on the relevant building site. However, only the video of the evidence No. 1 is the same.