(영문) 의정부지방법원 2013.08.20 2011가단67606

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(영문) 의정부지방법원 2013.08.20 2011가단67606

건물철거 및 토지인도 등

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1. The defendant shall receive KRW 49,140,00 from the plaintiff and at the same time draw up the attached Form among the land indicated in the attached Form to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the land indicated in the attached list (hereinafter “instant land”). The Defendant is the lessee of the instant land, who is the owner of the instant land, and is the owner of the instant land 1, 2, 3, 4, 5, 6, 7, 8, and 1, in sequence, connected with each point of the attached sheet No. 1, 2, 4, 6, 7, 8, and 39.15 square meters on the part of the ship.

B. The Defendant had resided in the instant land for not less than 60 years. On August 29, 2011, the Plaintiff expressed to the Defendant that the said lease was terminated on the ground that the lease agreement between the Defendant constitutes an undetermined lease agreement.

C. Meanwhile, around 1943, the Defendant leased the instant land to build and reside in the instant building, and constructed the instant building above it. On the other hand, around 2009, the said building was too worn out to be remodeled.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 7, result of appraiser C's appraisal, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract between the original and the Defendant was lawfully terminated by the notice of termination on August 29, 2011.

Therefore, the Defendant, barring special circumstances, has the duty to remove the instant building and deliver the said land to the Plaintiff.

3. The defendant's defense and its judgment

A. The defendant's defense has leased the land of this case to build and reside in the building of this case. Since the above lease contract was legally terminated by the plaintiff's expression of intent, the defendant shall exercise the right to purchase the building of this case.

Therefore, the defendant is obligated to deliver the above building and land to the plaintiff at the same time as the value of the above building is paid by the plaintiff.

(b)when the period of land lease expires for the purpose of owning the building, building or other structures.

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