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(영문) 서울고등법원 2015.09.09 2015나1491
건물명도
Text

1. A ship which connects each point of the attached Form No. 111, 112, 113, 114, 111 among the area of 6645 square meters in light of the name of light;

Reasons

1. Facts of recognition;

A. B purchased L forest land 645 square meters (hereinafter “the instant forest”) on July 30, 1974, and completed the registration of ownership transfer thereof on July 31, 1974. The Defendant previously owned (i) warehouse, (ii) (j), (k), and (l) parts of the instant forest land, and resided therein (hereinafter “each of the instant buildings”).

B. After acquiring the forest land of this case, B entered into a lease agreement with the Defendant that leases approximately 50 square meters of the forest land of this case to the Defendant (hereinafter “instant lease agreement”) including the land in the above (i), (j), (k), and (l) (hereinafter “each of the instant lands”), which is the land for each of the instant buildings, so that the Defendant may continue to reside in each of the instant buildings. Around 2003, B entered into a lease agreement with the Defendant, setting the monthly rent of KRW 30,000 in the name of B and the Defendant.

C. On April 18, 2003, B donated 92/6645 shares among the forest of this case to Plaintiff C, D, E, F, and G, each of the 661/645 shares in the forest of this case, and 331/645 shares in the forest of this case to Plaintiff I, respectively, and on April 23, 2003, completed the registration of transfer of ownership for each of the above shares to the above Plaintiffs on April 23, 2003.

After all, the instant lease contract was continuously renewed implicitly and there is no need to distinguish the status of B and the above plaintiffs (hereinafter in this case, “Plaintiffs” was paid monthly from the defendant. The plaintiffs plan to use the forest land of this case for other purposes by means of content-certified mail on December 7, 2012, and thus it is difficult to terminate the instant lease contract as it is difficult to maintain the contract with the defendant and to remove each building of this case and deliver each land of this case.

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