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(영문) 수원지방법원 2016.12.21 2015가단137073
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) removed the buildings listed in the separate sheet;

(b) from September 1, 2015, entry in the separate sheet.

Reasons

1. Facts of recognition;

A. On June 6, 199, the Defendant entered into a lease agreement with C, without any deposit, setting the lease term of KRW 12 months from September 1, 1999 and KRW 3 million from annual rent (hereinafter “the lease agreement of this case”) to construct a new building on the D large 362 square meters (hereinafter “instant land”).

The instant lease agreement was explicitly renewed once every year, and finally renewed on September 1, 2014.

B. At the time, the Defendant and C stipulated that the instant lease agreement should be renewed, and the building should be transferred or demolished under mutual agreement after five years from the date of conclusion of the contract.

C. On the instant land, the Defendant newly constructed a building listed in the separate sheet (hereinafter referred to as the “instant building”) and completed the registration of initial ownership on June 22, 200.

C As a result of the death on July 30, 2009, the Plaintiff, his wife, completed the registration of ownership transfer on the instant land on September 22, 2009 due to inheritance by agreement and division.

E. On April 13, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement by content-certified mail, and the Defendant received the said content-certified mail on April 14, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. On April 14, 2015, the instant lease agreement, which is the cause of the Plaintiff’s claim, was explicitly renewed one year each year, and was terminated on October 14, 2015 or terminated on August 31, 2015 after six months from the date the Defendant received notice of termination pursuant to Article 635 of the Civil Act by the Plaintiff’s notice of termination.

Therefore, the Defendant is obligated to remove the instant building from September 1, 2015 to pay the Plaintiff the amount calculated by applying the ratio of KRW 250,000 per month to the rent or the rent from September 1, 2015 to the completion date of the removal of the said building.

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