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(영문) 제주지방법원 2018.11.29 2017가합11694
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in the separate sheet (2) and each land listed in the separate sheet (1).

Reasons

1. Facts of recognition;

A. The Plaintiff leased each land listed in the separate sheet (1) of its own ownership (hereinafter “instant land”) to C Co., Ltd. (hereinafter “C”), and C around October 2015, constructed a building listed in the separate sheet (2) on the instant land (hereinafter “instant building”) and used it as a model bar.

B. C on December 15, 2016, sold the instant building to the Defendant at KRW 130 million.

C. On December 16, 2016, the Plaintiff determined on January 25, 2017 to January 24, 2018 (Provided, That a minimum of two years shall be guaranteed), deposit amounting to KRW 50 million (i.e., the remainder of KRW 5 million), and the lease amount of KRW 4 million per month (excluding value-added tax) to the Defendant on December 16, 2016 (hereinafter “lease”), that the lessor may immediately terminate the lease if the overdue interest of the lessee falls short of two (2).

(Article 4. D. of the instant lease agreement)

On January 25, 2017, the defendant tried to move the name of the building of this case to C from January 25, 2017, but it was impossible to move the name.

E. On May 22, 2017, the Plaintiff sent a peremptory notice to the Defendant stating that “Inasmuch as only five million won is paid for the down payment of the instant lease contract and the remainder and the difference are not paid, the Plaintiff shall notify the performance of the said contract, and if it does not pay the remainder and the rent up to the present day within one week from the delivery date, the Plaintiff shall terminate the lease contract.”

F. On June 1, 2017, the Defendant agreed on June 1, 2017 that “(i) the Plaintiff suspended the remainder and the time of rent after completing the inheritance procedure (the Plaintiff’s remaining and the time of rent due to the death of South Korea). ② As proposed by the Plaintiff, the Plaintiff used the instant building for one year as its present condition; and (ii) the Plaintiff removed the instant building on a two-year basis; and (iii) the Plaintiff’s construction of the building in the Plaintiff’s name with the Plaintiff’s capital for four years; and (iv) returned the building and terminated the lease agreement.

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