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(영문) 수원지방법원 2018.11.14 2018나53320
토지인도
Text

1. The part of the judgment of the first instance against the plaintiff (appointed party) that is cited below shall be revoked.

Reasons

1. Basic facts

A. On December 3, 2005, Defendant C leased the instant land from the Plaintiff who owned 1/8 shares of the instant land together with the designated parties as co-owners of 1,531 square meters (hereinafter “instant land”) prior to D Special Metropolitan City, Siri-si on December 3, 2005 (hereinafter “instant land”). From the date of delivery of the lease term to December 2, 2006, Defendant C leased the instant land from the Plaintiff who owned 1/8 shares of the instant land with the designated parties.

(hereinafter “Lease of this case”). (b)

Since then, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) with the representative of Defendant C (hereinafter “Defendant Co., Ltd”) newly constructed a temporary building, etc. on the instant land and the neighboring land owned by Defendant C. Among them, the temporary buildings located on the instant land are the temporary buildings with the indication of the attached drawing(s)(1), (2), (3), (4), (1), (4), and (5) the surface container with the same drawings, (5), (6), (7), (8), and (5) the portion of the portion to be reported in the ship connected with each point in sequence, which are 30 square meters in size and 48 square meters in size and 48 square meters in size in the ship.

(hereinafter the above containers and temporary buildings are referred to as the “instant temporary buildings”).

The Defendants are engaged in the business of the instant land and the instant temporary building, such as the scrap metal and the non-ferrous metal processing business.

After that, as the instant land and the instant E land are designated as a special management area pursuant to the Special Act on Public Housing, the Si Reconstruction City notified the Defendant Company to take corrective measures, such as corrective measures and imposition of charges for compelling compliance, on May 19, 2017, on the ground that the Defendant Company constructed a new building, etc. without following lawful permission or reporting, etc. on the instant land and the instant E land.

E. On June 2, 2017, the Plaintiff notified the Defendants of the termination of the lease of this case on the grounds of prior notice of the above corrective order, and sought removal of illegal buildings and delivery of land until June 30, 2017.

(f) The Si interest market shall be on June 15, 2017.

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