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(영문) 춘천지방법원강릉지원 2016.02.03 2015가단23990
건물철거 및 토지인도 등
Text

1. The part concerning the claim for payment of money in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On April 2, 2010, the Plaintiff was awarded a successful bid on the instant land owned by D, and the Defendant acquired the ownership of the instant housing that was owned by D on January 20, 201.

B. Since then, the Plaintiff filed a lawsuit against the Defendant and D with this Court as the District Court No. 201Ga3602, Sept. 19, 201, and paid the Plaintiff the amount of KRW 2,005,280 by October 14, 201, and if the Plaintiff fails to pay the amount payable, it shall pay the amount payable at a rate of 20% per annum from the date following the date of the above payment to the date of full payment, and (2) from September 20, 2011 to the date of the Plaintiff’s loss of ownership or the date of the Defendant’s possession until the date of the payment of the amount of KRW 250,660 per annum from the date of the above payment to the date of the Plaintiff’s loss of ownership in the site of this case (hereinafter “the recommendation of settlement of this case”), and the recommendation of settlement of this case was finalized on October 13, 201.

C. However, the Plaintiff again filed a lawsuit against the Defendant for the removal of the instant housing and the delivery of the instant site by the court as the court 2014Da8277, and brought for mediation. On April 20, 2015, the Plaintiff issued a decision in lieu of conciliation to the effect that “(1) the Defendant would pay to the Plaintiff the amount calculated at the rate of KRW 350,000 per month from May 20, 2015 to the date of loss of the Plaintiff’s ownership in the instant housing site or the end of the Defendant’s possession, and (2) waives the remainder of the Plaintiff’s claim” (hereinafter “instant compulsory conciliation decision”). On May 7, 2015, the instant compulsory conciliation decision became final and conclusive as is.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4-6 evidence (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) As the Plaintiff’s assertion (1) and the Defendant became final and conclusive on October 13, 201, a lease agreement is set at KRW 250,660 as the monthly rent for the instant site.

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