(영문) 수원지방법원 성남지원 2018.01.24 2017가단8059

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(영문) 수원지방법원 성남지원 2018.01.24 2017가단8059

건물철거 및 토지인도

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of D large scale 274 square meters (hereinafter “instant land”) in Gwangju-si, and Defendant B is the owner of “A” part of the instant land, which connects each point of which is indicated in the annexed drawing Nos. 1, 2, 3, 4, 5, 6, and 1 among the said land, and the owner of “A” part of “A” in the same order, which is a 48.5 square meters of a house with a single-story roof in the instant building (hereinafter “instant building”). Defendant C is residing in the instant building.

B. The Plaintiff filed a lawsuit against the Defendants for the removal of the instant building and the delivery of the instant land by Sungwon District Court Branch Branching 2013Kadan22385. In the instant case, the following adjustments were established between the Plaintiff and the Defendants:

1. It is confirmed that between the Plaintiff and the Defendants, the lease deposit amounting to KRW 2,00,00, KRW 150,000 per month, and the period from October 20, 2012 to October 19, 2014 (hereinafter “instant lease contract”) was concluded between the Plaintiff and the Defendants.

2. The Defendants jointly and severally pay to the Plaintiff the sum of KRW 2,500,000 and KRW 1,500,000 in total for ten months from October 20, 2012 to August 19, 2013.

3. Where the Defendants did not perform their obligation to pay the money as stated in the foregoing paragraph 2, the Defendants shall immediately deliver the instant land, which is the subject matter of the said lease, to the Plaintiff.

C. On September 21, 2016, the Plaintiff notified the Defendants of the fact that the instant lease agreement was terminated at the expiration of the term, and thus, the Plaintiff requested the removal of the instant building and the delivery of the instant land.

[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 5 (including a branch number), and the purport of whole pleadings

2. Determination

A. According to the above findings of the determination on the cause of the claim, the instant lease contract was terminated upon the expiration of the period, and barring any special circumstance, Defendant B and the Plaintiff.

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