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(영문) 대전지방법원홍성지원 2016.09.21 2015가단12468
건물철거 및 토지인도청구 등
Text

1. The defendant points out to the plaintiff and each point of the attached Form 2 through 17, and 2 among each real estate listed in the attached list.

Reasons

1. On July 29, 1994, the Plaintiff completed the registration of ownership transfer made on December 30, 1985 with respect to each real estate listed in the separate sheet (hereinafter collectively referred to as “instant land”).

In the 1960s, C, the Defendant, purchased each house and warehouse (hereinafter collectively referred to as the “instant building”) as stated in Paragraph 1 of the Disposition on the instant land, and thereafter, the Defendant solely succeeded to the instant building.

D, the mother of the Defendant, is residing in the building of this case.

In 205, the person was hospitalized in the Medical Care Center, and around that time, he did not reside in the building of this case.

The Defendant’s mother cultivated the field of dry field from the Plaintiff to around 2005 by leasing 235 square meters (hereinafter “the dry field of this case”) before Chungcheongnam-gun budget-gun, Chungcheongnam-gun, and thereafter, the Plaintiff cultivated the dry field of this case.

D up to 2005, up to the day of 2005, D paid 100 Gama each year to the Plaintiff.

On May 23, 2013, the Defendant paid 480,000 won in arrears to the Plaintiff’s side, but did not pay that later.

[Ground of recognition] Facts without dispute, Gap 1, 3, 5, 7, 8, Eul 6, 7 (including each number), witness F, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into a lease agreement with C, the owner of the instant building, on the site of the instant building, and was paid as a tea.

Since then, the plaintiff received 100 Gama every year from D as the rent for the site of the building of this case and for the dry field of this case. Since being hospitalized in D at D Medical Care Center around 2005, the plaintiff was not paid the rent.

In the meantime, the defendant tried to repair the building of this case around 2013, and the plaintiff argued that the building of this case was in arrears to the defendant.

Accordingly, the plaintiff and the defendant agreed to the rent of the site of the building of this case as KRW 80,00 (one million) per year, and the defendant's side on May 23, 2013.

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