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(영문) 서울서부지방법원 2018.04.25 2017가단227700
건물명도(인도)
Text

1. The defendant,

A. It is indicated in the annexed Form No. 1 among each land listed in the annexed Form No. 1, to the Plaintiff (Appointed Party) and the Selection Party B.

Reasons

1. Determination as to the cause of claim

A. 1) Each land listed in the separate sheet was owned by the network C. After the death of the network C, the ownership transfer registration was completed on June 21, 2016 with shares B 50.5/100, shares of children, Plaintiff (Appointed Party), D, and E, and 16.5/100, shares of each land listed in the separate sheet. 2) The Plaintiff (Appointed Party) entered into a lease agreement with the Defendant on April 29, 2016 with respect to each land listed in the separate sheet with respect to the remaining shares, and on behalf of the relevant heir, on each land indicated in the separate sheet with respect to each land listed in the separate sheet, the ownership transfer registration was completed with respect to each land listed in the separate sheet with respect to each of the following land: (1), (2), (3), (4), and (1) the deposit amount of each part of the land listed in the separate sheet with the Defendant (hereinafter “instant land”).

(3) The instant lease agreement was concluded in order for the Defendant to build a building on the instant land and to manufacture and sell silent at the same time. However, the lease agreement (hereinafter “instant lease agreement”) drafted at the time stated that “the foregoing place is an illegal building, and thus, an administrative fine is borne by the lessee.” On the other hand, the instant lease agreement was a part of an aggregate building, Fanmun-gu, Seoul, and Fandong-gu, No. 31-40, 41, and 42 (hereinafter “instant real estate”), and was composed of the two to four stories above ground, and the instant lease agreement was owned by the deceased, B, and the shares were transferred to the Appointer B, the Plaintiff (Appointed Party), D, and E after the deceased of the network C.

The instant real estate is located adjacent to the instant land, and a ceiling was installed in the direction of the instant land. However, after the instant lease contract, the Defendant installed a floor gate and a wall on the instant land in connection with the said ceiling. This is below the provisional building abutting on the instant real estate.

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