beta
(영문) 춘천지방법원영월지원 2015.10.14 2015가단1517

건물철거, 토지인도 등

Text

1. The Plaintiff:

A. Defendant C removes the buildings indicated in the attached list, and 135 square meters and G. of the F miscellaneous land in Gangseo-gun, Gangwon-do.

Reasons

1. Facts of recognition;

A. Plaintiff A is the owner of 135 square meters in the F Miscellaneous land in Gangseo-gu, Seowon-gun, and Plaintiff B is the owner of 749 square meters in G miscellaneous land, and Defendant C constructed a new building on the ground of each of the above land (hereinafter “each of the instant land”) on December 24, 2001 and completed registration of ownership preservation.

B. On September 25, 2008, the Plaintiffs: (a) annual rent of KRW 10 million for Defendant C and each of the instant lands; and (b) the payment date of the rent of KRW 10 million for each of the instant lands each year.

4. 28. 28. (This refers to advance payment for the following year), and the term of lease was set from April 28, 2008 to April 27, 2010 and concluded a lease agreement with the effect that the lease is to be made (hereinafter “the lease of this case”).

C. Even after the expiration of the above lease term, the Plaintiffs and Defendant C continued to renew the lease with the same content as the instant lease.

Defendant D concluded a lease agreement on the instant building with Defendant C, and operated a restaurant (mutual H) on the first floor of the instant building until the date of closing argument. Defendant D concluded a lease agreement on the instant building with Defendant C, and operated an office (mutual I) on the first floor of the instant building until the date of closing argument.

E. Defendant C did not pay to the Plaintiffs the sum of KRW 10 million in 2010, KRW 8.2 million in 201, KRW 6.9 million in 201, KRW 3.8 million in 2012, KRW 3.8 million in 2013, and KRW 38.9 million in 2014.

F. On May 27, 2015, a duplicate of the instant complaint was served on the Defendant C on May 27, 2015, where the Plaintiffs expressed their intent to terminate the instant lease agreement on the grounds of the Plaintiffs’ failure to pay annual rents.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers in case of additional number), the purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, insofar as Defendant C did not pay two or more vehicles, the instant lease agreement is determined by the Plaintiffs’ termination notification.