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(영문) 수원지방법원 2019.05.22 2018가단11226
건물철거및대지인도
Text

1. Of the 712 square meters in the wife population C, the Defendant, each of the annexed drawings 24, 23, 22, 21, 20, 25, and 24, among the land size in the wife population C, which is permissible to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an owner of a three-dimensional C large scale of 712 square meters, namely, the wife population Diali (hereinafter “Dri”) in Permitted-si.

B. The Defendant’s father, E, a father of the Defendant, leased part 1 of Annex 1 and 250 square meters of Annex 1 (hereinafter “instant land”) and resided in the instant land for the purpose of using the housing.

The above lease contract is renewed several times, and the defendant became the lessee.

(hereinafter referred to as “instant lease agreement”) between the Plaintiff and the Defendant.

The defendant extended or reconstructed the house used by E after he became the lessee.

As a result, among the land in this case, there is a house with a brick string roof of a house (hereinafter “resper house”) which is a main house, on the ground of the attached Form 1 “A” (the same as a section of 87 square meters connected with each point of the attached Form 2 drawings 16, 17, 18, 19, 20, 20, 21, 22, and 16 in sequence) among the land in this case, and there is a steel frame on the ground of 20 square meters of the attached Form 1 “B” and a warehouse on the ground of 14 square meters of the same drawings, both of the land in this case and the F land.

Of the steel frame and boiler rooms and warehouses, the part located on the instant land is 13 square meters (hereinafter referred to as “ground section”) of the section of 24,23,22,22,21,20,25, and 24 of the same drawings, which successively connects each point of 25, 20, 19, 26, 13, and 25 of the attached Table 2, among the parts located in the instant land, among the areas located in the steel frame and boiler rooms and the boiler rooms, which are located in the area of 15 square meters (hereinafter referred to as “ground section due to the causes caused by non-fambling; hereinafter referred to as “ground section”).

On the other hand, the above building is not registered but entered in the building ledger into the owner E and the size of 39.8 square meters.

The instant lease agreement was terminated on June 2018 by the Plaintiff’s notice of termination by the content certification on December 20, 2017.

[Ground of recognition] The fact that there is no dispute, the entry of Eul Nos. 1, 2, 3, and 4, the result of the measurement and appraisal commission to appraiser G in this court, and the purport of the whole pleadings.

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