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(영문) 인천지방법원 2017.03.30 2015가단64635
건물철거 및 대지인도
Text

1. The Plaintiff:

A. Defendant B, among the land size of 294 square meters in Seo-gu, Incheon, Seo-gu, Incheon, each point of which is indicated in the attached Form No. 21, 22, 23, 24, 21.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the arguments in Gap evidence 1 to 9, Eul evidence 1 (including branch numbers), and the entire purport of the arguments as a result of the survey and appraisal conducted by appraiser G.

On February 23, 2004, the Plaintiff entered into a lease agreement with Defendant B, with the content that the annual rental fee of KRW 1,00,000,000,000,000,000,000 per annum 1141 square meters per annum (hereinafter referred to as “instant land by aggregating the aforementioned two lands”) in Seo-gu Incheon, Incheon, which is owned by the Plaintiff (hereinafter “instant lease agreement”).

B. Article 8 of the instant lease agreement has the provision that “Defendant B shall not rent or sell to any other person in the construction act (or manage it from door when he provided a lease contract).”

C. After entering into the instant lease agreement, Defendant B continuously installed a container on the ground of 74.9 square meters of the attached drawing indicating 21,22,23,34,21 among the 294 square meters in Seo-gu Incheon, Seo-gu, Incheon, with each point of 74.9 square meters in order, and continuously displayed a prefabricated structure building on the ground of 31.5 square meters in order of the attached drawing indication 14,15,16,17,14, 17, 17, 18, 19, 20, and 13 square meters in order to connect each point of 128.5 square meters in the ship, and indicated on the ground of 36 square meters in order of the attached drawing indication 13,14,17, 18, 20,000 square meters in the attached drawing 129, 29, 30, 31, 3232, and 14.

All the above buildings installed on the ground of the instant land fall under an unauthorized building, and Incheon Metropolitan City is installed on March 21, 2007 and March 24, 201 on the ground of 1141 square meters prior to the Seo-gu Incheon Metropolitan City, the Defendant B, etc.

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