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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 13, 2002, the amount of 1860 square meters in Seoyang-gu, Seoyang-gu, Seoyang-si, the Defendant-owned was divided into C-si, Seoyang-gu, Seoyang-gu, 1860 square meters (hereinafter “instant land 1”) and 861 square meters in D (hereinafter “instant land 2”).
B. Around November 2002, the Defendant entered into a lease agreement with the Plaintiff on the following terms: (a) the deposit amount of KRW 50 million per month; (b) the rent of KRW 3 million per month; and (c) the period of February 14, 2010; and (b) the Plaintiff entered into a new construction and operation of the maintenance plant on the said land (hereinafter “instant first agreement”).
C. On November 28, 2002, the Plaintiff newly constructed a motor vehicle maintenance plant (hereinafter “instant maintenance plant”) on the instant land along with a 300.00 square meters square meters (the 2nd floor 51.00 square meters and the 3rd floor 185.18 square meters (the 2nd floor was added to the two two motor vehicles facilities; hereinafter “instant building”). From around 2003, the Plaintiff operated a motor vehicle maintenance plant (hereinafter “E”) with the trade name “E”).
(The main building of this case was completed the preservation registration under the name of the defendant, but the appurtenant building of this case was not completed the registration).
The Defendant removed the instant appurtenant building from July 2014 to September 2014 (hereinafter “instant removal”).
【Ground for recognition】 The fact that there has been no dispute, Gap 1, 3 evidence, Eul 4 through 8, Eul 9-1, and Eul 2, the purport of the whole pleadings
2. Determination
A. The summary of the Plaintiff’s assertion is that the Defendant removed the instant appurtenant building owned by the Plaintiff without the Plaintiff’s consent, thereby compensating for the damages therefrom.
B. The summary of the Defendant’s assertion 1 and the Defendant concluded the instant First Agreement, and upon the termination of the contract, the instant maintenance plant shall be owned by the Defendant.