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(영문) 대전지방법원논산지원 2016.02.18 2015가단2853
건물철거 등
Text

1. The defendant shall be the plaintiff.

A. Of each real estate listed in attached Tables 1 and 4, the Attached Forms 1 to 11, 1.

Reasons

1. The Plaintiff is the owner of each real estate listed in [Attachment 1] 1 and 4.

On February 15, 2005, the Plaintiff leased the real estate stated in [Attachment 1] 1 to 3 to the Defendant as the period from January 21, 2005 to December 12, 2005, with the rent of KRW 1.2 million per annum increased by 1.5 million per annum on January 21, 2006, and continued to renew the above lease since the renewal of the above lease.

In addition, the Defendant owns a stable on the ground of 523 square meters in order to connect each point of (i) part on the ground of 523 square meters in the attached table Nos. 1-11 and 1 of the attached table Nos. 1 among the real estate listed in the attached table Nos. 1 and 4, and each point of (ii) part on the ground of 29 square meters in the attached table No. 29 square meters in order to connect each point of (ii) part on the ground of 16-19, and 16 of the attached table No. 2. 128 square meters in the ship.

(hereinafter collectively referred to as “each of the instant buildings.” However, the Defendant did not pay 4 million won by January 20, 2015, but did not pay 1.5 million won for the rent of 2015, and the Plaintiff terminated the said lease contract on February 9, 2015.

Therefore, the Defendant is obligated to remove each of the instant buildings to the Plaintiff, deliver the real estate listed in the separate sheet Nos. 1 through (3) to the Plaintiff, and pay for unjust enrichment equivalent to the rent or rent in proportion to the annual rate of KRW 1.5 million from February 9, 2015 to February 9, 2015 and from February 1 to 1.5 million from February 3, 2015.

2. Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act).

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