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(영문) 대구지방법원영덕지원 2015.06.09 2014가단4564
건물등철거
Text

1. The Plaintiff:

(a) Defendant B is a building listed in paragraph 2 of the same list of the land listed in Annex 1 List as that listed in Annex 1 List.

Reasons

1. Facts of recognition;

A. (1) On May 8, 2012, Defendant B entered into a lease agreement, Defendant B, from the Plaintiff on May 8, 2012, 4,58 square meters (hereinafter “instant land”).

(B) the lease deposit was leased KRW 15 million per annum, KRW 15 million per annum (in consultation every two years), and KRW 7 years from the date of concluding the lease contract (hereinafter “instant lease contract”).

(2) At the time of concluding the instant lease agreement, the Plaintiff and Defendant B entered into a special agreement on the following matters:

(C) In the following special agreement, “Lessee” refers to Defendant B, and “Lessee” refers to the Plaintiff, respectively. Article 1 of the special agreement provides that, in order to use a lessee, a lessor shall be granted permission for development activities, a building permit, and a preservation of ownership, and all necessary expenses (such as taxes, public charges, and taxes) shall be borne by the lessee.

Article 2. When the contract period expires, all buildings and all facilities shall be removed, and shall be restored to the original state at the time of the contract in principle, and if necessary, the lessee shall be determined through mutual

The outstanding amount shall be paid at least 10 million won by July 30, 2012, among the security deposit of 15 million won.

3) Defendant B is a Class 1 neighborhood living facility, a detached house 10-dong (attached Form 1 List 2; hereinafter “instant permitted building”) on the ground of the instant land.

(B) On July 25, 2012, Defendant B newly built a building ledger under the name of Defendant B, and completed the registration of the building ledger, and thereafter, Defendant B uses it as a lodging house and a lodging house. In addition, Defendant B also installs and occupies a container listed in attached Table 1 List 4. (B) Defendant B requested the Plaintiff to establish a temporary building (hereinafter “instant temporary building”). The Plaintiff and Defendant B entered into an additional lease agreement with the following terms on June 26, 2013:

hereinafter referred to as “instant additional lease agreement”;

Under the following contract, “Lessee” is deemed to be a lessee.

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