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Reasons
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(영문) 수원지방법원 2016.10.12 2015가단120280
토지인도
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1. The defendant shall be the plaintiff.

(a) remove the buildings listed in the annexed sheet 1 with respect to 1/5 shares;

(b) Appendix 2.

Reasons

1. Facts of recognition;

A. On February 2, 1961, the Defendant’s father He completed the registration of ownership transfer based on the completion of redemption on December 12, 1960 as to the land listed in the annexed Table 2 List (hereinafter “instant land”).

B. The network D completed the registration of ownership transfer on October 3, 1973 with respect to the land of this case on March 13, 1981.

C. On October 17, 2013, the Plaintiff completed the registration of ownership transfer on the instant land based on inheritance due to a consultation and division as of April 18, 2013.

According to the building ledger on the building on the attached list 1 on the land of this case (hereinafter referred to as the building of this case), it is stated that the network C was registered as owner around 1960.

E. The deceased C, together with his wife (the Defendant’s mother), died while residing in the instant building.

After that, the mother of the defendant living alone, and residing together with the defendant from 2008.

In around 2011, after the defendant's mother died, the defendant alone resides in the building of this case.

F. On October 2014, the Plaintiff demanded the Defendant to enter into a lease agreement by setting the lease period of 24 months and monthly rent of 100,000 won with respect to the instant land. If the lease agreement is not concluded, the Plaintiff sent to the Defendant a written peremptory notice to remove the instant building and deliver the instant land by November 30, 2014. The Defendant received the peremptory notice on October 21, 2014.

G. However, the defendant proposed to pay 80,000 won monthly rent when refusing the plaintiff's request for the conclusion of the lease contract, and the plaintiff accepted it.

Accordingly, the defendant deposited 80,000 won to the plaintiff by June 30, 2015.

H. On April 28, 2015, the Plaintiff sent to the Defendant a certificate of content demanding the removal of the instant building and the transfer of the instant land, and the Defendant received it on April 29, 2015.

I. As to the instant building on July 27, 2015, the Defendant, E, F, G, and H shares 1/5.

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