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(영문) 부산지방법원 동부지원 2017.01.18 2015가단20782
건물철거 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On August 11, 2005, the Defendant filed a lawsuit against the Plaintiff on the ground that the lease contract was terminated with respect to the Defendant’s building (area 39 square meters; hereinafter “instant building”) located in (b) part of the ship (area 39 square meters; hereinafter “instant building”) located on the part of the Defendant’s land attached to the 218 square meters (hereinafter “instant land”) on the ground that the Plaintiff entered into between the Plaintiff and the Plaintiff on August 11, 2005, on the following grounds: the said court made a decision substituting the conciliation of the following contents; the said decision became final and conclusive.

(hereinafter “instant mediation decision”). It is confirmed that, with respect to the instant building between the Plaintiff and the Defendant, the following lease agreements have been concluded between the Plaintiff and the Defendant:

The term of contract: From October 1, 2009 to September 30, 2015: 120,000 won per month from October 1, 2009 to April 30, 201, 160,000 won per month from May 1, 201 to April 30, 201, and 200,000 won per month from May 1, 201 to April 30, 201, and from May 30, 201 to September 30, 201, the Plaintiff also ordered the Defendant to order the instant building.

B. On the other hand, on January 1, 2014, the Plaintiff concluded a loan agreement with the Republic of Korea for the purpose of cultivating and lending the instant land for five years from January 1, 2014 to December 31, 2018 (hereinafter “instant loan agreement”), and issued a certificate of the purport that the Plaintiff requested the Defendant to remove the instant building on September 2015 (hereinafter “instant loan agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 7, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion entered into a loan agreement with the Republic of Korea on the land of this case. Since the defendant occupies the land without permission, the plaintiff shall seek removal of the building of this case and delivery of the building site in subrogation of the Republic of Korea.

B. The defendant's assertion is around May 1987 in the name of the defendant's father D.

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