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(영문) 인천지방법원 2015.05.13 2014가합11839
토지인도 및 건물철거
Text

1. The defendant shall remove the buildings listed in paragraph (2) of the attached list to the plaintiffs, and the land listed in paragraph (1) of the attached list.

Reasons

1. Indication of claim;

A. As to the land listed in the attached list No. 1 (hereinafter “instant land”), Plaintiff A is a co-owner who has each share of 138.9-7/7 and 628.8/7/7 of the Plaintiff B.

B. On May 3, 2013, with the consent of Plaintiff A, Plaintiff B entered into a lease agreement with the Defendant with each of the following terms: (a) the instant land from June 3, 2013 to September 2018; (b) the deposit amount of KRW 50,00,000; and (c) the rent of KRW 6,00,000 until May 2, 2015; and (d) the rent of KRW 7,00,000,000 until September 2, 2018 (hereinafter “instant lease agreement”).

C. On July 23, 2013, the Defendant started construction of a new building with a building permit granted under the name of the Plaintiffs on the instant land and completed the construction of the building listed in attached Table 2 (hereinafter “instant building”).

After entering into the instant lease agreement, the Defendant did not fully pay the Plaintiffs a rent by September 2, 2014 without paying the deposit to the Plaintiffs. On September 22, 2014, the Plaintiffs sent a notice of termination to the Defendant to the effect that the instant lease agreement is terminated on the grounds of the foregoing rent delay.

E. Therefore, the defendant is obligated to remove the building of this case to the plaintiffs and deliver the land of this case.

2. Article 208 (3) 3 of the Civil Procedure Act:

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