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Reasons
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(영문) 의정부지방법원 2020.01.10 2018가합54897
건물명도(인도)
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1. Defendant B:

(a) deliver 81.34 square meters of one floor among the buildings listed in paragraph (2) of the attached Table;

(b) 400,000 won; and

Reasons

(b) the facts of the basis;

A. On June 14, 2014, D leased the land listed in attached Table 3 (hereinafter “instant land”) to Defendant C by setting the lease deposit of KRW 20 million, KRW 1800,000 per month, KRW 1,800,000 per month, from August 1, 2014 to July 31, 2019 (hereinafter “instant lease agreement”); and around August 1, 2014, it handed over the said land to Defendant C; around that time, Defendant C received KRW 20,000,000 from Defendant C’s lease deposit.

After that, the rent of the instant lease agreement was increased by KRW 2,00,000 per month (including value-added tax, KRW 2,200,000).

Matters of special agreement* the current site condition and construction is constructed by the lessee with permission under the name of the lessor, and the lessee shall bear the cost.

* Building registration fees (acquisition tax, registration tax) and property tax shall be paid by a lessor, and a lessee shall pay occupancy and use fees.

* The construction period shall be one month and shall be deferred monthly during the construction period and shall begin after the remainder payment.

* The lessee shall restore to its original state upon the expiration of the monthly rent arrears or upon the expiration of the contract period.

* 10% of the monthly rent may be increased after the lapse of two years after the end of the contract period.

B. On the ground of the instant land, Defendant C newly constructed a building listed in attached Table 4 (hereinafter “instant building”) on the ground, and E, who is the spouse of D, obtained a building permit for the instant building on July 10, 2014, and completed registration of ownership preservation on October 17, 2016.

In addition, Defendant C, in the order of each of the following points on the ground of the instant land: (a) the steel pipe facilities in the part (A) connecting each point of Annex A, 2, 5, 6, 7, 1, and 1; (b) the part (B) the waste purification tank, Annex A drawing indication - - the9, 99, 80, 80, 800, 800, 800, 800,000,0000,0000,0000,0000,0000,000,0000,000,000,000,000,

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