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Reasons
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(영문) 춘천지방법원원주지원 2019.04.11 2018가합6910
건물철거 및 토지인도
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1. Defendant B Co., Ltd.:

(a) remove the buildings listed in Attachment 1;

(b) Appendix No. 2.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land indicated in attached Tables 2 and 3 (hereinafter collectively referred to as “instant land”).

B. On March 29, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant CHousing Redevelopment and Improvement Project Association (hereinafter “Defendant Partnership”) concluded a lease agreement with the Plaintiff regarding the instant land (hereinafter “instant lease agreement”) with a view to constructing a model house on the instant land, and paid KRW 100,000,000 to the Plaintiff.

Article 4 (Lease Price and Period) (1) The lease deposit shall be KRW 100 million, and the rent shall be KRW 7 million per month.

In addition, the lessee shall pay the rent by the 8th day of each month.

(2) The term of lease shall be five years.

Article 8 [Cancellation of Contract] (1) If the lessee falls under any of the following subparagraphs, the lessor may immediately rescind this contract without a peremptory notice:

1. Article 9 [Termination of a contract] (1) When a contract is terminated due to the expiration or cancellation of this contract, the lessee shall restore the above real estate to its original state and return it to the lessor;

Article 12 [Right and Duty Relations between Lessees] (1) All expenses related to the lease (rental deposit, rent, cost of installing model house, etc.) shall be borne by Lessee B Co., Ltd.

(2) Where a lease contract is terminated, all rights, such as right to claim a refund of the rental deposit, ownership of the model house, etc. shall exist B.

(3) A lessee C Housing Redevelopment and Improvement Project Association shall have no right to the property of the deposit and model house in connection with the lease.

C. After entering into the instant lease agreement, the Defendants constructed a building listed in attached Table No. 1 (hereinafter “instant building”) on the instant land. D.

The Defendants are the sum of rent until October 8, 2018.

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