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(영문) 의정부지방법원 2018.04.04 2017가합54234
건물명도(인도)
Text

1. Defendant B:

A. Of the 2,717 square meters in Namyang-si, Namyang-si, each point of which is 5, 6, 7, 8, and 5 of the Map 1 attached hereto.

Reasons

1. Claim against the defendant B

(a)the description of the reasons for the claim is as shown in Appendix 2;

(b) Confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Claim against Defendant C

A. Basic facts 1) On September 10, 1986, the Plaintiff is a 2,717 square meters in Namyang-si, Namyang-si (hereinafter “instant land”).

(2) On September 20, 1986, the Plaintiff concluded a lease agreement with the above B, who set the lease deposit or lease term as KRW 1,300,000 on the instant land without setting the lease deposit or lease term, and transferred the instant land at that time, and the above B newly constructed four plastic houses on the ground of the above land.

4) Defendant C leases part of the instant land from B after the above lease, and connects each point of which is indicated in the annexed drawing Nos. 9, 10, 11, 12, and 9 on the ground, Defendant C shall be the same as the instant vinyl and the instant vinyl of a temporary building of the structure of the 91mm2 in the structure of the sandbrid board and the instant vinyl (hereinafter “the instant vinyl and temporary building”).

5) The Plaintiff was not paid a rent of KRW 3,90,000 for three years from the mid-204 to June 2007 (=3 years from the annual rent of KRW 1,300,000). On June 14, 2017, the Plaintiff expressed to the Plaintiff that the instant lease contract was terminated on the ground that the delayed rent of the instant rent was more than two years, and that on June 15, 2017, the said declaration of intention reached the said B around June 15, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

B. Determination 1: (a) based on the above fact-finding, the Plaintiff’s declaration of intent to terminate the instant lease agreement reached B at the time of June 15, 2017.

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