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(영문) 서울중앙지방법원 2017.08.07 2015가단5087823
건물등철거
Text

1. Defendant B and C shall be the Plaintiff

(a) Class II neighborhood living facilities with the second floor of the F-ground structure of the Gwangju Mine-gu, the second floor;

Reasons

1. Basic facts

A. On December 199, the Plaintiff, G, and H purchased approximately 702 square meters (hereinafter “instant land”) in Flux 702 square meters in Gwangju Mine-gu, Gwangju, and owned 1/3 shares in the instant land. The Plaintiff and G drafted a contract agreement dated October 23, 2002 (hereinafter “instant agreement”) with the following content in a notarial deed.

Next, the Plaintiff owned a share of 233 square meters (71 square meters) of co-owner of the instant land as co-owner of share in co-ownership. On the said co-ownership site, G, which is a co-owner of share of 1/3 shares on the said co-ownership site, intends to establish a pharmacy, shall have part of the said site with the size of 125.23 square meters, total floor area of 250.46 square meters, total floor area of 125.3 square meters on the ground, 125.3 square meters on the ground, and 125.23 square meters on the ground of 205.

The rent for use shall be 1.25 million won per month, and the annual rent of 15 million won until October 23, 2003 shall be paid in advance on October 23, 2002, and the subsequent rent shall be paid in advance on a yearly basis on October 23, 2002.

G, the owner of a household building after the expiration of the three-year period of use of the above agreement on October 23, 2005, agrees without delay to remove the 1 and 2 floors of the above ground building and to sign an agreement to avoid any disadvantage in property or civil or criminal action in the event that the act is committed against the above agreement.

However, additional use after the expiration of the contract can be made after the termination of the contract between the parties.

Since then, G newly constructed a building with 125.4 square meters of a 125.4 square meters and 129.36 square meters of a 2nd floor of a general steel structure and other 2nd roof on the instant land with the consent of the Plaintiff and H (hereinafter “instant building”). On December 13, 2002, G registered as the owner of the instant building in the general building ledger on the ground of December 13, 2002, and G died on April 8, 2013, Defendant B and C of the deceased land from G.

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