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(영문) 대구지방법원안동지원 2016.07.13 2015가단5668
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) points out each point of C’s ground level C and the separate sheet No. 1, 2, 3, 4, and 1 when known to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either in dispute between the parties or in Gap evidence Nos. 1 to 6 (including each number, if any):

On October 26, 1974, the registration of ownership transfer was completed on October 26, 1974 with respect to the land of 112,893 square meters (hereinafter “instant land”) in Ansan-si, Andong-si, by one-third shares in the respective Do, E, and F.

B. On May 1, 2007, the Defendant leased a house not registered on the ground of the instant land (hereinafter “house before the instant repair”) from G during the period of lease from May 1, 2007 to April 30, 2012. The content of the special agreement is as follows.

(hereinafter “instant lease agreement”). A lessee may repair and use the instant house for five years without rent, and return it to the lessor on April 30, 2012 without any condition, and if the lessee wishes to use it, the period may be extended by a normal lease agreement under mutual agreement.

C. After the conclusion of the instant lease agreement, the Defendant occupied and used the instant house before repairing it at his own expense. The current status is a cement brickd brickd roof (hereinafter “house indicated in item (a)”) constructed on the ground of 40 square meters in each of the items indicated in item (a) of the attached Form No. 1, 2, 3, 4, and 1, connected in order to each of the items indicated in the attached Form No. 1, 2, 4, and 4, and 5 (hereinafter “house indicated in item (a), 5, 6, 7, 8, and 5, connected in line with each other indicated in the same drawing No. 28 square meters, and cement brick built on the ground indicated in the indication No. 24.5 square meters in line (hereinafter “house No. 28 square meters”) and the cement brick built on the ground indicated in the indication No. 9, 10, 11, 12, and 9.

[The present item (a), (b), and (c) of this case’s house after repair (hereinafter “the instant house”). Meanwhile, the Defendant is entitled to the instant house on April 21, 2008.

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