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(영문) 춘천지방법원강릉지원 2015.09.09 2015가단737
건물철거 및 토지인도
Text

1. The defendant is against the plaintiffs:

(a) 58 square meters of a splate roof splate on the ground of 370 square meters in Gangnam-si, Gangnam-si.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of 370 square meters in Gangnam-si, Gangnam-si (hereinafter “instant site”); and the Defendant is the owner of 58 square meters in a wooden roof single-story housing (hereinafter “instant housing”) located on the ground of the instant site.

B. Around 2012, the Plaintiffs entered into a lease agreement with the Defendant, setting forth that the instant site is annual rent of KRW 700,000, without setting a lease term.

(hereinafter “instant lease agreement”). C.

However, around December 26, 2012, the Defendant paid the Plaintiffs KRW 700,000 for the rent for the year 2012, and thereafter, did not pay the rent for the year 2013 to 2014.

Accordingly, while filing the instant lawsuit against the Defendant, the Plaintiffs expressed their intent to “a termination of the instant lease agreement on the grounds that the Defendant was not paid at least two occasions,” and the duplicate of the instant complaint containing such declaration of intent reached the Defendant on March 18, 2015.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap 1, 2 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was lawfully terminated on March 18, 2015, on which the duplicate of the complaint of this case containing the plaintiffs' declaration of termination was delivered to the defendant on March 18, 2015 (see Articles 641 and 640 of the Civil Act). Thus, the defendant is obligated to remove the instant house to the plaintiffs, deliver the instant site, and pay the rent calculated at the rate of KRW 700,000 per annum from January 1, 2013 to the completion of delivery of the instant site, and to pay the amount of unjust enrichment equivalent to the rent.

B. The Defendant’s assertion and judgment are as follows: “The Plaintiff’s land adjoining to the instant site is not more than 8,500 square meters, which was adjacent to the instant site in early 2012.”

With respect to farmland improvement activities, earth and sand sugars shall be made in the instant house owned by the Defendant while engaging in farmland improvement activities.

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