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(영문) 대구지방법원의성지원 2019.04.17 2018가단1133
건물철거 및 토지인도
Text

1. The Defendant removed the Plaintiff’s housing of 53.28 square meters on the ground 390 square meters in Cheongdong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 390 square meters in Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

B. On the ground of the instant land, there are 53.28 square meters (hereinafter “instant housing”) of a wooden flag and a branch roof as one-story housing.

More accurately, the instant housing is located on the ground of 53.28 square meters of the part on the ship connected in order of each point, among the land in this case, the indication of the attached drawing (1), (2), (3), (4), (5), (6), (8), and (1) of the attached drawing.

The Plaintiff leased the instant land in KRW 100,000, monthly rent to D, the former owner of the instant housing.

C. The Defendant purchased the instant house from D on July 18, 2018 in KRW 30,000,000, and completed the registration of ownership transfer concerning the instant house on the same day.

On August 22, 2018, the Plaintiff expressed to the Defendant that the instant land would be leased KRW 300,000 per month as text messages.

However, on August 31, 2018, the Defendant refused to do so, and transferred KRW 1,200,000 for one-year rent of the instant land calculated by the Defendant himself/herself with the Plaintiff’s account on August 31, 2018 (i.e., the monthly rent of KRW 100,000 for the instant land paid to the Plaintiff by D, the previous owner of the instant housing, x 12 months)

E. On October 2, 2018, the Plaintiff deposited KRW 1,200,000, a monthly rent of KRW 100,000, by designating the depositor as “Plaintiff” and the deposited person, respectively, as “Defendant” and deposited KRW 1,20,000,00, which was remitted from the Defendant under the Daegu District Court Branch No. 693 in 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion D transferred the right of lease of the instant land to the Defendant without the Plaintiff’s consent.

The Plaintiff: (a) was aware that the Defendant acquired the ownership of the instant housing only during the Haman of July 2018; and (b) ordered the Defendant to rent the instant land at KRW 300,000 on monthly rent.

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