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(영문) 의정부지방법원 고양지원 2018.04.06 2016가단26672
건물철거 및 토지인도 등
Text

1. The Defendants indicated in the attached Form No. 2, 3, 4, 5, among the land size 350 square meters in Gyeyang-gu Seoul Metropolitan City C forest and D forest and 380 square meters in Yangyang-gu, Yangyang-gu, and 380 square meters

Reasons

1. Fact-finding;

A. The Plaintiffs are siblings, and the Plaintiff (Appointed Party; hereinafter “Plaintiff”) owns 350 square meters of land in Gyeyang-gu, Seoyang-gu, Seoyang-si, Yangyang-si, and the Plaintiff (Appointed Party; hereinafter “Plaintiff”) E owns 380 square meters of land in D forest (hereinafter “instant land”).

B. The Plaintiff’s father, F, the Plaintiff’s father, leased the instant land to G (the current rent is KRW 700,000,000 per annum), and G, the said land (the part indicated in item (a) (b) 62m2, partial 7m2, 7m2, and 4m2, etc.) was owned by the Plaintiff, and registered in the building ledger around June 1979, when the Plaintiff owned the housing of one story (hereinafter “instant housing”).

C. G died on May 21, 2009, and the Defendant (Appointed Party; hereinafter “Defendant”) B and the remaining Defendants are the successors of the net G.

Upon submitting the instant complaint, the Plaintiffs expressed their intent to terminate the instant lease agreement on the ground of the delinquency in rent (as of November 16, 2016, the date of filing the instant suit) (as of November 16, 2016, KRW 6,700,000,000, which is nearest to the ten-year rent as of November 16, 201), and the Defendants repaid the Plaintiffs the overdue rent of KRW 6.7 million after filing the instant suit

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 6, 7, and 12 (including some numbers), the result of the survey appraisal, the purport of the whole pleadings

2. Determination

A. According to the facts found in the judgment on the cause of the instant claim, since the instant lease agreement was terminated by service of a copy of a complaint containing the Plaintiffs’ intent to terminate the contract on the grounds of delinquency in rent of not less than nine times, the Defendants removed the part of the remedy for the damages on the ground, which connects the Plaintiffs with each point of 62 square meters on the ground surface and 1, 2, 7, 8, and 1 of the indication of the same drawings among the instant land, in sequence, of 62 square meters on the ground surface and 62 square meters on the ground surface, which connects each point of 62 square meters on the ground surface and 62 square meters on the same drawings, 7 square meters on the ground, 11, 12, 13, 14, and 11 each point on the ground surface.

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