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1. The defendant shall remove the buildings listed in the separate sheet No. 2 on the ground of each real estate listed in the separate sheet No. 1 to the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of each real estate listed in the separate sheet No. 1 (hereinafter “instant land”).
B. The Defendant purchased a unregistered building (house, warehouse) on the ground of the instant land from C and resided therein.
According to the general building ledger on the above building, the registration of the owner in the name of the plaintiff was completed in 1980, and the current status of the building is 36.1 square meters in the house and 12.9 square meters in the warehouse. However, the current status of the above building is as shown in the attached Table 2.
(hereinafter referred to as “instant building”) a building listed in the attached list 2 C.
The Defendant paid to the Plaintiff, as the fee for the use of the site of the instant building, the amount equivalent to KRW 50,00 per annum of rice (per annum). From around 2016, the Defendant did not pay the said fee.
Accordingly, on August 13, 2018, the Plaintiff sent to the Defendant a certificate of content that the lease contract for the instant land is terminated on the grounds of unpaid rent, and the Defendant received it on August 14, 2018.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Plaintiff and the Defendant concluded a lease agreement on the part falling under the site of the instant building among the instant land (hereinafter “instant lease agreement”); the Defendant did not pay the said rent from around 2016; and the Plaintiff’s declaration of termination on August 14, 2018, based on the two-term rent delay, reached the Defendant on August 14, 2018, is the same as seen earlier; therefore, the instant lease agreement was terminated around that time.
(Article 641 and Article 640 of the Civil Act). Accordingly, the Defendant is obligated to remove the instant building to the Plaintiff seeking the removal of interference based on ownership and deliver the instant land to the Plaintiff.
B. The Defendant’s assertion (1) The Defendant’s general secretary around 2016.