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(영문) 청주지방법원 2015.02.12 2014가단157586
건물등철거
Text

1. Defendant E shall be the Plaintiff:

A. Of the 8,789 square meters of Cheongju-si G orchard, attached Table 26 to 33, and 26.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) As to the land of this case, the Plaintiff A, B, and C own 1/4 shares, respectively, and the Plaintiff D and Defendant E own 1/8 shares, respectively, with respect to the land of this case (hereinafter “instant land”).

(1) On June 2, 2006, Plaintiff C inherited 1/4 shares from Plaintiff C, a right holder of the equity right, and completed the transfer registration on October 16, 2013, and H leased the instant land to Defendant E on February 18, 2005 (hereinafter “instant lease agreement”) by setting the period of KRW 4 million per annum and the period of February 18, 2007 (hereinafter “instant lease agreement”).

(3) On the ground of the instant land, Defendant E constructed each of the buildings listed in Section 1(a) of the order, installed each structure, packing, etc. specified in Section 1(b) of the order, and operated the performance of the contract at this point.

Since then, Defendant E transferred each of the above buildings to H, H re-deliveryed Defendant F to Defendant F, and currently Defendant F occupies each of the above buildings.

(4) Defendant E did not pay to the Plaintiffs all the rent for the instant land ( Defendant E claimed that it was a rent for a considerable period of time but there is no evidence to acknowledge it). Accordingly, the Plaintiffs notified Defendant E of the termination of the instant lease agreement by serving a copy of the instant complaint on the grounds of the delinquency in payment of two or more rents.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the result of the appraiser K’s survey and appraisal, the purport of the whole pleadings

B. According to the facts of the above recognition, the above lease contract was lawfully terminated due to Defendant E’s delinquency in rent, and the termination of the above lease contract by the Plaintiffs on this ground. Accordingly, Defendant E without possession owned buildings, structures, etc. on the ground of the instant land and occupied the said land without possession.

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