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(영문) 청주지방법원영동지원 2020.05.22 2019가단3683
건물등철거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 26, 1964, the Plaintiff’s attachment D (hereinafter “the deceased”) completed the registration of ownership transfer on the land prior to the instant partition on March 19, 2001, for inheritance by consultation and division on September 22, 199, as to the land prior to the instant partition.

B. The defendant newly constructed the warehouse on the ground of the dispute of this case, and completed the registration of initial ownership of the warehouse of this case on March 24, 1983.

C. On March 24, 1983, the Defendant completed the registration of initial ownership relating to the real estate listed in the [Attachment List No. 2 (hereinafter “instant housing”), and completed the registration of ownership transfer for the instant housing on June 28, 2016. The Defendant completed the registration of ownership transfer for reasons of sale on June 24, 2016.

On April 19, 2001, the land before the instant partition was divided into 55 square meters (hereinafter “instant land”) and E large 559 square meters (hereinafter “second-party land”). On November 21, 2001, the Plaintiff completed the registration for transfer of ownership on the instant land No. 2 in the Defendant’s future on November 19, 2001.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) while leasing the part of the instant dispute to the Defendant, the Deceased was paid with 7 rice each year from the Defendant for rent, but the Defendant did not pay rent for about 19 years after the Deceased’s death. Accordingly, on December 26, 2018, the Plaintiff notified the Defendant of the termination of the said lease agreement. The said declaration of intention reached the Defendant around that time and the said lease was terminated, and the Defendant is obligated to remove the instant warehouse and deliver the said part of the instant dispute to the Defendant (or the Deceased).

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