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(영문) 춘천지방법원속초지원 2017.07.18 2016가단1801
건물철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 246 square meters of Gangwon-gun C Forest land, each of the annexed drawings indicated in 13, 14, 15, 16, 17, 18, and 13.

Reasons

1. Basic facts

A. On October 6, 2011, the Plaintiff completed the registration of ownership transfer with respect to the area of 246 square meters of Gangwon-gun C forest land (hereinafter “instant land”).

B. The Defendant previously connected each point of (i) part 39 square meters on the ground of (i) part 39 square meters in line with the indication of the annexed drawing among the land in this case, owned a single floor brick structure, brick structure, 14, 15, 16, 17, 18, and 13, in order to connect each point of (ii) part 19, 20, 21, 22, and 19 square meters in line with the indication of the annexed drawing (hereinafter “instant building”).

C. Voluntary conciliation (hereinafter “voluntary conciliation of related cases”) was established on May 13, 2013 with the following content in the Chuncheon District Court Decision 2012Kadan4802 and the case of removal of buildings and delivery of land filed by the Plaintiff against the Defendant.

The Plaintiff shall respectively lease the instant land to the Defendant with the monthly rent of KRW 50,000 and the lease period from January 1, 2013 to December 31, 2014.

The defendant shall pay to the plaintiff the monthly rent under the above lease agreement at the end of each month, and from January 1, 2013 to the same year.

4. The sum of the rent up to 30,000 won shall be paid on May 31, 2013. If the Defendant fails to pay the monthly rent at least twice, the Plaintiff may terminate the said lease contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, the result of the commission of appraisal to the senior branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of recognition, since the Defendant owned the instant building located within the instant land owned by the Plaintiff and occupied the instant building site, the Defendant removed the instant building site to the Plaintiff, deliver the instant building site to the Plaintiff, and from January 1, 2015 to the completion date of delivery of the instant building site, the amount equivalent to the rent from January 1, 2015 to the completion date of delivery of the instant building site.

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