(영문) 수원지방법원평택지원 2019.05.29 2018가단5848

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(영문) 수원지방법원평택지원 2019.05.29 2018가단5848

건물철거 및 대지명도 등

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1. The defendant shall be the plaintiff.

A. The number of pages 41-49, 33, and 41 on the ground of [Attachment 1] 4,013 square meters in Ansan-si.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 4,013 square meters in Ansan-si (hereinafter “instant land”).

B. In around 2003, the Defendant newly constructed a building on the ground of 66m2, which connects each point of Annex 1-49, 33, and 41 among the instant land, along with the order of 41-49, 33, and 41, and entered into a lease agreement with the Plaintiff to lease the instant building site without setting a time limit (hereinafter “instant lease agreement”) for the purpose of owning the said building.

The Defendant did not pay the Plaintiff the rent of KRW 1,314,780 for five years from 2012 to 2016 (=257,180 won (264,400) ¡¿ 4 years (2013 to 2016) during the instant lawsuit.

C. Of the instant land, the Defendant occupies and uses part 1,175 square meters (hereinafter “the part of the instant land occupied by the Defendant”) in the same way as the instant building site or gardening, etc., which connects each point of the attached drawings 41-48, 30-35, and 41, among the instant land.

On September 20, 2018, a copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s failure to pay two or more rents was served on the Defendant.

[Ground of recognition] The fact that there is no dispute, each entry of Gap evidence 2 (including each number), each entrustment of appraisal by this court to the chief of the Korea Land Information Corporation, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found above, the instant lease agreement was lawfully terminated on September 20, 2018, on which the copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement was served on the Defendant due to the delay of at least two rents for the Defendant, and thus, the Defendant is obliged to remove the instant building and deliver the occupied land to the Plaintiff.

(b) rent; or

유사 판례

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