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(영문) 의정부지방법원고양지원 2014.06.26 2013가단506184
건물등철거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On the ground of Gyeonggi-do B (hereinafter “instant land”), there was a 68.13 square meters of the Blue House owned by C (hereinafter “instant housing”). However, on the instant housing, registration of preservation of ownership was completed around August 2, 2001.

B. The Plaintiff purchased the instant land and housing on March 11, 2002 and completed each registration of ownership transfer in the name of the Plaintiff as of March 12, 2002.

C. On March 14, 2002, the Plaintiff: (a) the Defendant seeking to establish a regional base station; (b) the leased object indicated below is KRW 10 million; (c) the monthly rent of KRW 800,000; and (c) the lease period from March 16, 2002 to March 15, 2008; and (d) Article 5 by allowing the Defendant to perform acts related to the establishment of the base station.

In the subsection, the Defendant leased the leased object to the effect that “the restoration shall be made on the damaged part of the leased object after the expiration of the lease period.”

(hereinafter “instant lease agreement”).B

D. As to the instant housing, the cancellation of the building ledger on the ground of removal as of July 9, 2002 (the real estate register on the instant housing was also closed on the ground of destruction on July 9, 2002) and thereafter, the new construction of the building ledger was made on the ground of new construction around July 24, 2002 on the ground of the instant land.

(F) On October 2, 2002, the registration of preservation of ownership was completed in the name of the Plaintiff on October 2, 2002.

On March 11, 2004, when the Plaintiff and the Defendant continue to use the object indicated in the indication of the leased object, the lease term was from March 16, 2004 to March 15, 2012, the deposit amount was KRW 10 million, and monthly rent was determined as KRW 950,00,000,000, respectively, and other existing terms and conditions of the contract are complied with, and the contract was concluded for the lease of this case to be adjusted in consideration of price and economic growth rate every three years thereafter.

B

F. The plaintiff and the defendant on October 2008.

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