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(영문) 서울남부지방법원 2018.06.28 2017가합103079
건물등철거
Text

1. The defendant removes the buildings listed in the separate sheet No. 4 to the plaintiffs, and deliver the site.

2...

Reasons

1. Basic facts

A. The plaintiffs and net F's real estate ownership relationship 1) The plaintiffs and the deceased are 3,241 square meters of G factory sites in Gangseo-gu Seoul Metropolitan Government (hereinafter "the instant land").

(A)A building listed in paragraph (1) through (3) among each building listed in the separate sheet on the ground and each building listed in paragraph (2) above (hereinafter referred to as “A”, “B-dong building”, “A-dong building listed in paragraph (3),” “D-dong building”, and “D-dong building listed in paragraph (4).

(2) The deceased died on March 19, 2012, and the deceased inherited 1/5 shares of the deceased on the instant land and the building A, B, and C, according to the consultation and division. At present, the Plaintiffs’ shares in the instant land and the building A, B, and C are Plaintiff A12/45, Plaintiff B, C, and D 11/45.

C. The Plaintiffs, the Deceased, and the Deceased Co., Ltd. 1) and the Deceased, on March 31, 2004, are H Co., Ltd. (hereinafter “H”).

B) As to the instant land and A Dong (hereinafter “instant lease agreement”), a lease agreement was entered into with H on April 1, 2004 to March 31, 2009, the deposit amount of KRW 300 million, and KRW 27 million from the rent month (hereinafter “instant lease agreement”) with the content that the instant land and Adong (excluding the portion of KRW 252 square meters inside a ship connected with each point in sequence), B, and Cdong buildings are leased to H (hereinafter “instant lease agreement”).

The main contents of the instant lease agreement are as follows.

Real Estate Lease Agreement

8. A lessee may rebuild or alter the leased area with the permission of the lessor, but the lessee shall bear all the costs of the lease in the name city of the leased object and restore it to its original state.

The building of Gangseo-gu Seoul Metropolitan Government and four owners of the site (hereinafter referred to as the "A") and the H representative director I (hereinafter referred to as the "B") of Gangseo-gu Seoul Metropolitan Government shall keep one copy of the special agreement in return for the promise to agree on and comply with the terms and conditions of the special agreement in good faith.

Article 7 (Duty of Restoration, etc.) 1 "."

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