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(영문) 춘천지방법원강릉지원 2015.06.24 2014가단2316
토지인도 등
Text

1. The defendant is simultaneously paid KRW 23,226,00 by the plaintiff (appointed party) and the appointed party C.

Reasons

1. Basic facts

A. The Plaintiffs shared 1/2 shares of each of the instant land.

B. The Defendant asserts to the effect that the de facto disposal authority of the instant building, which is an unregistered real estate on the ground of the instant land, is the person having the disposal authority of the instant building, including the Defendant, nine persons, including F, G, H, I, J, K, K, L, and M, who is the inheritor of the network E, including the Defendant.

However, in full view of the purport of the entire pleadings in the statement Nos. 2 and 4, the Defendant remitted each amount of KRW 500,000 to the designated parties C on December 26, 2011, January 1, 2013, January 1, 2014, January 15, 2014, and February 2, 2015, as well as the fact that only the Defendant among the deceased’s successors, resided in the lot number of the instant land.

In light of these facts, it is reasonable to view that the defendant is the de facto disposal authority of the building of this case, and the defendant's assertion to this different purport is not acceptable.

As a result, without setting the term of lease from the plaintiffs, the land in this case is leased and used in 500,000 won per annum, without setting the term of lease.

C. On March 20, 2014, the Plaintiffs filed a lawsuit against the Defendant to terminate the above lease agreement on the instant land and to seek the delivery, etc. of the instant land. The duplicate of the complaint was served on the Defendant around April 9, 2014.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 2 and 4, the result of the on-site inspection by this court, the result of the appraiser N's survey and appraisal, the purport of the whole pleadings

2. Judgment as to the main claim

A. According to the facts acknowledged earlier, a lease agreement on the land of this case may be notified at any time of termination of the contract if there is no agreement for the term of lease (Notice of Termination of Lease without a fixed term) under Articles 635 and 635 of the Civil Act.

(2) The termination shall become effective upon the lapse of the following periods from the date of receipt by the other party:

1. As regards the land, buildings and other structures, it shall be:

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