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(영문) 대구지방법원 2017.08.11 2016가단14352
건물철거및토지인도
Text

1. The defendant

A. At the same time, the Plaintiff received KRW 21,720,000 from the Plaintiff and at the same time, it is not less than 250 square meters of the land C in Busan Metropolitan City.

Reasons

1. Basic facts

A. On January 13, 200, the Plaintiff, who owned by the Plaintiff, leased a deposit of KRW 10 million, KRW 300,000 monthly rent, and KRW 36,000,000 for a period of 296 square meters (46 square meters, which was divided on January 14, 2014; hereinafter “instant land”) to the Defendant, as the Plaintiff-owned.

(hereinafter “instant lease agreement”). B.

On January 26, 200, the Defendant started construction of approximately 96 m2 (hereinafter “the instant ground object”) of the lower part of the lower part of the instant land, which indicated the drawings, on the instant land, to be indicated in the ship, the construction of a new building of approximately 96 m3m2 (hereinafter “instant ground object”). The Defendant obtained approval for the use of the instant ground object on February 25, 200, and completed the registration of the preservation of ownership on March 8, 200.

In addition, the Defendant newly constructed approximately 2.4 square meters of a prefabricated-type prefabricated building in the same drawing, which is an appurtenant building to the instant ground, and approximately 5.6 square meters of a single floor warehouse in the prefabricated-type building located in the Republic of Korea (hereinafter “instant appurtenances”).

C. At the time of the instant lease agreement, the Plaintiff agreed to the new construction of the instant ground object by the Defendant and agreed to restore the instant land to its original state upon the expiration of the lease term between the Defendant and the Defendant.

Since then, the instant lease agreement was explicitly renewed several times, and around March 2015, the monthly rent was 550,000 won, and among which, on August 21, 2015, the Plaintiff notified the Plaintiff of the intention to terminate the instant lease, and the Defendant was notified of the Plaintiff’s intention to terminate the instant lease on August 23, 2015, and expressed his/her intent to demand the purchase of the instant land if the instant lease agreement is not renewed.

E. The Plaintiff again sought removal of the instant ground property, delivery of the instant land, and return of unjust enrichment equivalent to the monthly rent, on May 10, 2016, that the instant lease contract was terminated once again through the instant complaint. The instant warden was served on the Defendant on May 10, 2016.

2.3.

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