(영문) 대구지방법원김천지원 2016.10.26 2015가단4005

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(영문) 대구지방법원김천지원 2016.10.26 2015가단4005

건물명도 등

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1. The Defendants are to the Plaintiff:

(a) deliver each building listed in Appendix 1 Schedule;

(b)each set forth in Schedule 1 and 2 of Schedule 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each building listed in the separate sheet No. 1 (hereinafter “instant building”).

B. On February 15, 2013, the Plaintiff attached Table 1 E among the instant buildings to Defendant B.

At the time of the lease agreement, the Plaintiff and the Defendant agreed that “The defective part that occurred during the lease period shall be repaired by the lessee, the extended portion installed by the lessee after the contract delivery period shall be restored to its original state, the lease cost of the sign-term facility (200%) shall be borne by the lessor, the entire installation cost of the sign-term facility shall be borne by the lessee, and the entire installation cost of the sign-term facility shall be borne by the lessee and the entire construction work together with the other electricity shall be borne by the lessee after the contract termination, and after the contract termination, the condition of the lease shall be maintained.”

C. On June 27, 2013, the Plaintiff’s Schedule 1 E to Defendant B.

At the time of the above lease agreement, the Plaintiff and the Defendant agreed to the effect that “the defect portion shall be repaired by the lessee, the cost shall not be claimed by the lessor, and the increased or decreased portion installed by the lessee after the contract is extended to its original state” shall be restored to its original state.

Defendant C (hereinafter “Defendant C”) occupies the instant building.

E. The Defendants installed each container, warehouse, and plastic greenhouse listed in the attached Table 2 list on the land of 1,147 square meters in Kimcheon-si, E-U. 1,726 square meters in size, F-U. 73 square meters in size, G-U. 93 square meters in size.

F. Defendant B did not pay the tea from February 16, 2015.

G. On June 16, 2015, a duplicate of the complaint of this case, which the Plaintiff had expressed the intent to terminate each of the above lease agreements on the grounds of the delinquency of two or more rents, was served on the Defendants.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4, and 6 respectively.

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