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(영문) 춘천지방법원 강릉지원 2018.05.29 2017가단5309
건물명도
Text

1. The defendant shall receive KRW 15,000,000 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.

Reasons

1. Facts of recognition;

A. On April 21, 2013, the Plaintiff: (a) leased real estate listed in the separate sheet (hereinafter “instant building”) to C, respectively, by setting the deposit of KRW 12 million; (b) monthly rent of KRW 400,000; and (c) the term of lease to the time of the removal of the instant building; (d) agreed to receive business compensation by dividing it by one half; and (e) the cost of materials at the time of repair of the building was to be borne by the Plaintiff.

B. On January 31, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant building”) to the Defendant, and agreed to receive business compensation in two equal installments at the time of the removal of the instant building, by setting the deposit to KRW 15 million, monthly rent to KRW 400,000, and the lease period to KRW 400,000,000, and by the date of removal of the building.

The Defendant paid KRW 12 million to C, a lessee, and KRW 3 million to the Plaintiff, respectively, and paid KRW 28 million to C, while taking over the house from C, additionally paid KRW 28 million to C for the premium.

C. The instant building had been incorporated into a site for urban planning facilities in the East Sea (road) since much more than C had leased, but the Defendant was also aware of such circumstances at the time of concluding a lease agreement.

On June 13, 2017, the Dong Sea requested the Plaintiff to consult on compensation with respect to the instant building, etc. included in the long-term undeveloped urban planning facility site from June 14, 2017 to July 13, 2017.

Accordingly, the plaintiff received a request for consultation on compensation from the Dong Sea and requested the defendant to submit a written consent from the Dong Sea, but the defendant rejected it. D.

On February 13, 2018, the Plaintiff sent to the Defendant a written notification demanding the delivery of the instant building, setting February 28, 2018 as the date of the removal of the instant building, and the said written notification reached the Defendant around that time.

[Ground for Recognition: Descriptions of Evidence A (Partial Number omitted), Witness C’s testimony, the purport of the whole pleadings]

2. The cause of the action.

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