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(영문) 의정부지방법원 2015.05.29 2014가단14030
건물등철거
Text

1. The Plaintiff:

A. Defendant B indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, among the area of 104 square meters, which was 104 square meters before Macheon-si.

Reasons

1. Facts of recognition;

A. On December 20, 1986, the Plaintiff is the owner who acquired ownership of 104 square meters (hereinafter “the instant real estate 1”) and 182 square meters (hereinafter “the instant real estate 2”) before G around 20, 1986.

B. Before acquiring the ownership of each of the instant real estate, the Plaintiff had been constructed a house (hereinafter “building 1”) on the 89 square meters of the portion inside the ship (a) connected each of the items in sequence with the indication 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1 of the annexed drawings on the ground of the instant real estate No. 1. 31, 32, 33, 34, 35, 36, and 31 attached to the annexed drawings on the ground of the instant real estate No. 2. 27 square meters of the portion inside the ship (hereinafter “building No. 2”). Upon acquiring the ownership of the instant real estate No. 1, the Plaintiff concluded a lease agreement with Defendant B, the owner of the instant building, and concluded the lease agreement with the instant building No. 2 and the instant owner of the instant real estate.

Defendant D acquired the ownership of the instant building No. 2 on August 31, 2010, and succeeded to a lease agreement on the instant real estate No. 2 between H, I, and the Plaintiff.

C. When Defendant B delayed the payment of rent in 2008 and 2010 ( annually KRW 4.50,000), the Plaintiff notified Defendant B of his intent to terminate the lease agreement if he delays the rent by demanding the payment of rent around December 3, 2010. On November 16, 2011, the Plaintiff notified the Defendant B of his intention to terminate the lease agreement on the ground that the rent was delayed, etc. on the instant 1 real estate and then notified the Defendant B of his intention to terminate the lease agreement on the ground that the rent was delayed.

Defendant D delayed the payment of rent (700,000 won a year) from 2010 to 2012 (However, as of June 17, 2013, Defendant D deposited KRW 2.1 million a total of the rent from June 17, 2013). The Plaintiff, upon delivery of a duplicate of the complaint of this case, concluded a lease agreement on the ground that the rent for the instant 2 real estate is delayed.

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