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(영문) 춘천지방법원 영월지원 2017.01.18 2015가단12241
건물등철거
Text

1. In order to the Plaintiff, the Defendant indicated the attached reference in the attached Form 6, 7, 8, 9, and 6 among the land size of 482 square meters prior to Gangseo-gun, Seowon-gun.

Reasons

The judgment on the cause of the claim is recognized in full view of the following: (a) the fact that the Defendant acquired the right to dispose of the instant building and the instant land, the site of which are the instant building and the instant land, by acquiring the de facto right to dispose of the instant land of 27 square meters connected in sequence 10, 11, 12, 13, and 10 square meters connected each point of 79 square meters in the attached reference report, which was attached to the attached 6, 7, 8, 9, and 6, which was constructed on the land of 482 square meters (hereinafter referred to as the “instant land”), which was owned by the Plaintiff, in order to each point of 10, 11, 12, 13, and 10 square meters in the same reference; and (b) the fact that the Defendant occupied and used the instant building and the instant land, the land, the site of which are located

Thus, the defendant is deemed to interfere with the plaintiff's use of and profit from the land while occupying and using the building of this case and the land of this case, which is its site. Thus, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff, barring special circumstances.

On August 12, 2015, the Defendant asserts that, on the instant land, the lessee of the instant land, newly constructed the instant building on the instant land, and acquired the instant building from D who acquired the ownership thereof, and that, at the time of the said acquisition, the Plaintiff cannot respond to the Plaintiff’s claim since he succeeded to D’s lessee status at the time of the said acquisition.

According to the evidence evidence Nos. 4 and 5, when the Plaintiff entered into a lease agreement with D on April 3, 2006, which provides that rent of KRW 3,00,000 per annum for D and Gangwon-gun E and F, the lease agreement shall be renewed every year, but if necessary, D shall be removed along with the restoration to the original state. D shall be recognized on August 12, 2015.

However, the defendant is a lessee under the above lease contract when concluding the above contract with D.

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