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(영문) 수원지방법원안산지원 2015.09.25 2014가단19141
공작물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached Form 1, among each land listed in the separate sheet;

Reasons

1. Facts of recognition;

A. On March 18, 2013, the Plaintiff entered into a lease agreement with the Defendant on the following: (a) on each land listed in the separate sheet, where the Plaintiff leased a vinyl of 82.6 square meters on the ground (A) section of the attached sheet, which connected each point of 1, 2, 6, 77, 1, and 24 months from March 18, 2013, the Plaintiff agreed to lease the leased deposit amount of 9,00,000,000, 90,000,000, and 24 months from March 18, 2013.

(hereinafter “instant lease agreement”). B.

The Defendant paid KRW 9,00,000 to the Plaintiff, and has taken over the instant vinyl, and has been using it as a store store for sale of food materials and warehouse of “C” in possession until now.

C. Meanwhile, among the land on which the instant vinyl was installed, the land listed in paragraph (1) of the attached Table Nos. 1 is owned by the Plaintiff, while the land listed in paragraph (2) of the attached Table Nos. 2 is owned by the State, and it was discovered that the instant vinyl house occupied the land without permission

On April 17, 2014, the Plaintiff agreed to the instant lease agreement with the Defendant by returning the lease deposit amount of KRW 9,000,000 to the Defendant.

From April 17, 2014, the Defendant did not pay the Plaintiff the rent for the instant vinyl house from April 17, 2014 to the present date.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1, 6, 10 (including each number in case of additional evidence) and the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, as the instant lease agreement was concluded on April 17, 2014, the Defendant is obligated to deliver the instant vinyl to the Plaintiff upon the return of the leased object, and the Defendant paid the Plaintiff the rent for the instant vinyl.

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