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(영문) 대구지방법원안동지원 2015.10.08 2015가합3287
건물철거등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of Gap evidence 5-1, 2, and Gap evidence 3-2, and the purport of the entire pleadings as a result of the appraisal entrustment to the Korea Land Information Corporation for the appraiser of this Court.

Defendant I, around January 1, 2001, leased approximately KRW 200,000,000,000,000 for L 8666.1 square meters (hereinafter “instant land”) from M with a view to owning a building on the land on that land, on the following grounds: (a) around January 1, 2001; (b) around KRW 8 million in 2001; (c) KRW 85 million in 2002; (d) KRW 9 million in 2003; (b) KRW 10 million in 2004; (c) KRW 10 million in 2005; and (d) the lease period of KRW 5 years in 200.

(hereinafter “Initial Lease Contract”). (b)

After the conclusion of the above lease contract, Defendant I obtained the approval for use by extending the area of 66 square meters of neighborhood living facilities (limited to the area of 3) which were already constructed on the leased land on March 28, 2001, and by expanding the area of 206.20 square meters of neighborhood living facilities in the light-scale steel-frame, which were located on the leased land (which seems to have been expanded separately from the existing building due to the entry in the building ledger), and on December 6, 2001, Defendant I obtained the approval for use by adding the area of 8.5 square meters of neighborhood living facilities in the light steel-frame, steel-frame building and neighborhood living facilities in the above extended building on December 6, 201. The current status of each newly constructed building at present is the same as the portion indicated in the attached Form (4), 5 (vi),

C. M died on September 21, 2003, and the first lease contract is impliedly renewed, Defendant I, the heir of M on October 5, 2009, determined and leased approximately KRW 155 square meters (attached Form No. 1) of the instant land from the Defendants, the heir of M on October 5, 2009, as the end of January 1, 2010 to December 31, 2014 for the purpose of owning the relevant ground building.

(hereinafter “instant lease agreement”). D.

Defendant I, from Defendant J, each of the above buildings and their premises are leased with the indication of the attached drawings (v), (vi) and the indication of the same drawings (c), (d) and (e) of Defendant K, and the lease of each of the above sites.

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