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(영문) 청주지방법원영동지원 2019.08.30 2018가단4504
건물등철거
Text

1. The Plaintiff:

(a) Defendant B, C, E, F, G, H, I, J, and K are cement bricks on land of 466 square meters in Chungcheongnam-dong, Chungcheongnam-do; and

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant land, the ownership of which completed the registration of ownership preservation on July 25, 1979 with the receipt of No. 8884 on July 25, 1979 with respect to two-fourths of the share of which is 466§³ in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”). The Plaintiff is the owner of the instant land, the remainder of which completed the registration of ownership transfer on July 25, 1979 with respect to the share of 12-fourths of which was received on July 25, 1979

B. M was killed on November 5, 1996, while leasing the instant land from the Plaintiff for the purpose of owning the building, and owning cement brick and cement fixtures, cement fixtures, and 67.5 square meters of multi-story housing (hereinafter “instant building”) constructed on the ground.

C. Defendant B, C, E, F, G, and K are M’s children. Defendant H, as N’s children, who died on April 27, 1995 before M, Defendant I, and J succeeded to the status of the lessee of the lease agreement concluded with the Plaintiff regarding the instant land (hereinafter “instant lease agreement”).

The rent under the instant lease agreement was not paid since 2013.

E. Defendant D leased the instant building from Defendant B, etc., and currently occupies the instant building.

[Based on the recognition] Defendant B, C, F, G, and K: The absence of any dispute, the entry of the evidence No. 1, the video of the evidence No. 3, the fact inquiry results of the fact inquiry into the OE, D, H, I, and J: Each confession (the main text of Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. Article 640 of the Civil Act provides that, in the lease of a building or any other structure, the lessor may terminate the lease if the annual rent of the lessee reaches the rent of two times. Article 641 of the Civil Act provides that the provisions of the preceding Article shall apply mutatis mutandis to the lease of land for the purpose of owning or planting, collecting salt, or cutting down the building or any other structure.

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