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(영문) 부산지방법원서부지원 2019.01.23 2017가단11030
건물철거 및 인도
Text

1. Of the first floor of the building listed in the attached Form 1, the Defendant marks 7, 11, 12, 13, 9, 10, and 7 of the attached Form 2.

Reasons

1. Facts of recognition;

A. On December 10, 2015, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C Co., Ltd. (hereinafter “C”) on approximately 15 square meters (50 square meters) out of the first floor of the building indicated in attached Table 1 (hereinafter “instant building”) as follows.

- A lessor: Defendant - A deposit: 50 million won, monthly rent: 500,000 won - Period: From December 10, 2015 to December 9, 2017

B. On May 31, 2017, the Plaintiff succeeded to the lessor’s status of the instant lease agreement by purchasing the instant building from C and acquiring the ownership of the said building.

C. The Defendant installs and uses a sales stand structure on the part of “B” connected with each point of the attached Form 11, 8, 13, 12, and 11, which is the leased part under the instant lease agreement, in excess of 46 square meters in the part of “A” connected with each point of the attached Form 2, and in sequence of 7, 11, 12, 13, 9, 10, and 7.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, and the result of a request for surveying and appraisal by the Korean Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant establishes a sales stand structure without any title and occupies and uses the occupied part of this case. Thus, the defendant is obligated to remove the above sales stand structure to the plaintiff and deliver the occupied part to the plaintiff, barring special circumstances.

3. On or around December 25, 2015, the Defendant agreed to change the leased area of the instant lease to 100 square meters (25 square meters in size of exclusive use area) in order to satisfy the conditions for the Defendant to establish a D agency. Based on such agreement, the Defendant and C agreed to change the leased area of the instant lease to 100 square meters (25 square meters in size of common use area of 75 square meters in exclusive use area). Based on such agreement, the first floor store arrangement map of the instant building (200 square meters in the left side of

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