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(영문) 의정부지방법원 2016.08.31 2016가단7777
건물퇴거 및 건물철거 등
Text

1. The Plaintiff:

A. Defendant B indicated in the separate sheet (unregistered building) indicates 8, 7, 6, 18, 15, 14.

Reasons

1. (1) The Plaintiff owns a 434 square meter (hereinafter “instant one”) in the Gu Government-si from July 3, 1985, and as from January 10, 1973, the Plaintiff owned a 105 square meter (hereinafter “instant 2 land”) in the Gu Government-si, Gu Government-si (hereinafter “instant 2”).

Defendant A purchased an unauthorized Building from E on the ground of the instant case 1 and 2, and owns it from January 30, 2008.

(2) On March 20, 208, the Plaintiff (Lessor) and the Defendant A (Lessee) concluded a loan agreement with respect to the instant land, the lease period of which is 87 square meters among the instant land, from March 2008 to December 31, 2010; ② the lease period of the instant land is 31 square meters among the instant land; the lease period of the instant land is 31 square meters from January 1, 2010 to December 31, 2014; ③ the lease period of the instant land from January 1, 2010 to December 31, 2014; and the lease period of the instant land from January 6, 2015 to December 31, 2014 to December 31, 2014.

On the other hand, Defendant A agreed to pay to the Plaintiff the rent for the amount stipulated in the “Ordinance on the Management of Public Property in the City of the Government,” and agreed to bear the indemnity under Article 81 of the “Public Property and Commodity Management Act when the lessee uses the instant land after the lease term expires.”

(On the other hand, Article 81(1) of the Public Property and Commodity Management Act provides that an amount equivalent to 120/100 of loan charges shall be collected). (3) Defendant A defaulted totaling KRW 89,049,940 from March 2008 to October 16, 2015.

(Amount of KRW 101,200,380 minus KRW 12,150,440 paid by Defendant A on February 28, 2014 and January 16, 2015). Defendant A paid additional KRW 7,17,670 on October 16, 2015.

Meanwhile, the value-added tax to be borne by Defendant A reaches 5,270,040 won.

(4) On January 20, 2016, the Plaintiff imposed an indemnity of KRW 3,119,240 on the Defendant from October 16, 2015 to December 31, 2015. When calculating the monthly unit, the Plaintiff would be KRW 1,247,698 (=3,119,240 ± 2.5) each month.

(5) Defendant B is the defendant.

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