logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2018.05.10 2017가단23328
건물등철거
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 13,000,000, as well as 5% per annum from June 16, 2017 to May 10, 2018; and (b)

Reasons

Facts of recognition

The Plaintiff is the owner of the real estate listed in attached Table 1 (hereinafter “instant land”), and the Defendant B owns the real estate listed in attached Table 2 (hereinafter “instant building”) on the ground of the above land.

On May 1, 2010, the Plaintiff entered into a lease agreement with Defendant B and the instant land with a rent of KRW 1.5 million and a lease period of KRW 60,000,000. Since then, Defendant B newly constructed the instant building on the said land and obtained approval for use on or around August 11, 2010.

Since then, around June 2015, the time when the above lease contract is terminated, the Plaintiff and Defendant B concluded a new lease contract with monthly rent of KRW 200,000,000, verbally.

(hereinafter referred to as “instant lease agreement”). Defendant B did not pay rent between July 2015 and May 2016 to the Plaintiff, and partially paid rent as follows.

On May 24, 2016, May 24, 2016, the Plaintiff expressed to the Defendant that the instant lease contract will be terminated by means of a document evidencing the content of the lease contract, on June 6, 2016, 300,000 on July 22, 2016, July 22, 2016, 2000,000 on September 150, 2017, 2000 on February 150, 2000 on June 13, 2017.

On July 30, 2017, Defendant C leased the instant building from Defendant B with the deposit of KRW 5 million, monthly rent of KRW 500,000,000 from August 1, 2017 to August 1, 2019, and currently occupied the instant building.

【In light of the fact that there has been no dispute, each entry in Gap's evidence Nos. 1 and 6 (including a provisional number), and the purport of the whole pleadings, the lease contract of this case occurred due to the delay in payment of two or more times, and the contract of this case was lawfully terminated due to the plaintiff's notice of termination around October 13, 2017.

Therefore, Defendant B owned the instant building without title on the instant land owned by the Plaintiff.

arrow