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(영문) 울산지방법원 2018.09.06 2018가단9219
건물철거 등
Text

1. The Defendants jointly do so to the Plaintiff

(a) remove the attached Form No. 2 building, and the attached Form No. 1 land;

Reasons

1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (4) and the purport of the entire pleadings.

A. The Plaintiff is the owner of the attached list No. 1.

B. On April 2003, the Plaintiff leased the land of Paragraph (1) of the attached Table No. 1 to Defendant B for the lease term from June 16, 2003 to June 16, 2006, the lease deposit amount of KRW 3,000,000, monthly rent of KRW 400,000. At the time of termination of the lease, the Plaintiff allowed the Defendant to voluntarily remove the land of the attached Table No. 1 on the land of the attached Table No. 1 on condition that the Plaintiff did not transfer it.

C. Around March 19, 2004, Defendant B newly constructed a building listed in Section 2 on the land listed in Attached Table No. 1 and completed registration of ownership preservation. On April 12, 2004, Defendant B completed registration of ownership transfer on the building listed in Attached Table No. 2 on the land listed in Attached Table No. 1.

On June 16, 2006, the above lease agreement was continuously renewed, and on June 18, 2016, Defendant B agreed to set the monthly rent of KRW 900,000 to the Plaintiff, and remove the building in attached Table 2 and deliver the land in attached Table 1 by December 2017.

E. By March 31, 2018, Defendant B did not pay KRW 3,400,000 as unjust enrichment equivalent to rent or rent.

2. According to the facts of the above recognition, the above lease contract terminated on December 31, 2017, barring any special circumstance, Defendant B is obligated to perform the obligation under the above lease contract, Defendant C is jointly the owner of the building under paragraph (2) of the attached Table, and to remove the building under paragraph (2) of the attached Table, deliver the land under paragraph (1) of the attached Table, and pay unjust enrichment equivalent to the rent calculated at the rate of KRW 900,000 per month from April 1, 2018 to the completion date of delivery of the land under paragraph (1) of the attached Table 1. Defendant B is obligated to pay the Plaintiff a total of the rent or the amount of unjust enrichment equivalent to the rent from March 31, 2018 to March 31, 200.

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