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(영문) 창원지방법원 2017.06.01 2016가단104688
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in paragraph 2 of the attached list, and the land listed in paragraph 1 of the same list;

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land listed in attached Table No. 1 (hereinafter “instant land”). The Defendant is the owner of the building listed in attached Table No. 2 of the instant land (hereinafter “instant building”).

B. On January 26, 2011, the Plaintiff leased to the Defendant the land specified in attached Table No. 1 (hereinafter “instant land”) in attached Table No. 1 (hereinafter “instant land”) as KRW 204,000 (payment on the last day of each month) without a lease deposit.

(hereinafter “instant lease agreement”). C.

The instant lease contract was renewed every year, and the Defendant was late from October 2015 to October 2015.

Accordingly, on April 7, 2016, the Plaintiff expressed his/her intention to terminate the above lease contract by serving a duplicate of the complaint of this case, and the duplicate of the complaint was served on the Defendant on April 7, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 5 (including paper numbers), the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the instant lease agreement was lawfully terminated on the ground of the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to remove the instant building and deliver the instant land to the Plaintiff, who is the owner and lessor of the instant land, as well as to pay a rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 204,00 per month from October 31, 2015 to the date of the removal of the instant building and the delivery of the instant land, as sought by the Plaintiff, after the Defendant was in arrears.

3. Conclusion, the plaintiff's claim is justified.

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