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(영문) 수원지방법원성남지원 2017.09.19 2016가합205973

건물명도

Text

1. The Defendant’s successor to the Plaintiff:

A. Of the real estate listed in Attachment 1 List 2, the Attached Form 1, 2, 3.

Reasons

Basic Facts

The relationship A was the co-owner of the land listed in attached Tables 1 and 3 and the sole owner of the building listed in attached Table 1 List 2.

(hereinafter referred to as the “instant real estate”). The Defendant continued to renew the instant real estate after leasing it from A’s fatherF in 1984, and continued to maintain the lease relationship with A and their co-owners even after the death of F.

A renewed the instant lease agreement with the Defendant on January 1, 2014, and entered into a lease agreement with the Defendant on December 31, 2015 (hereinafter “instant lease agreement”) with a deposit of KRW 210,000,000, monthly rent of KRW 5,000,000, and the contract term from January 1, 2014 to December 31, 2015 (hereinafter “instant lease agreement”).

A and the defendant have increased the monthly rent to KRW 5,500,000 after the lease term expires.

Around 200 for the purpose of the expansion of warehouse, the Defendant extended the building (hereinafter referred to as “the Defendant’s extended building”) from co-owners at the time of the time of the extension of warehouse in the building listed in attached Table 1 List 1 List 2, with the approval of use of the site from the co-owners at the time of the time of the extension of warehouse.

On June 7, 2016, A of the instant lease agreement newly constructed a temporary building for business purposes (referring to a building extended by the Defendant) on the title “Notice of the Removal of Illegal Buildings” to the Defendant, and notified the Defendant that the instant lease agreement will be terminated without any separate notice if it is not removed within a given period.”

On October 14, 2016, the Defendant responded to the purport that “The Defendant’s extended building is a legal building constructed after obtaining a written consent to use the site from co-owners of the land, including A, and obtaining permission for extension from the relevant authorities, and thus, the Defendant’s assertion to terminate the lease agreement is unreasonable.”

A shall be the defendant on October 17, 2016.