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(영문) 서울동부지방법원 2017.06.15 2016가합1586
건물 및 토지명도
Text

1. The Plaintiff (Appointed Party) and the Appointed H:

A. Defendant G is an annex among the buildings listed in Appendix 1 List 2.

Reasons

Basic Facts

On April 11, 2007, A entered into a lease agreement with Defendant E on the following terms: (a) the owner of the land listed in attached Table 1 List No. 1 (hereinafter “instant land”) and the building listed in attached Table No. 1 List No. 2; and (b) the owner of the main building (hereinafter “instant building”) excluding the 1st class neighborhood living facilities (retail stores) 25.79m2 from among the buildings listed in attached Table No. 1 List No. 1 List No. 1 List No. 2007; and (c) the lease agreement was concluded between Defendant E to lease the entire 1 and 2nd class from May 26, 2007 to May 25, 2012 (hereinafter “instant first lease agreement”).

On May 24, 2012, A entered into a lease agreement with Defendant C on the condition that the instant building and the instant land (excluding the parts attached thereto) be leased at KRW 30 million, monthly rent of KRW 2.4 million (hereinafter “the instant secondary lease agreement”) from May 25, 2012 to May 24, 2014 (hereinafter “the instant secondary lease agreement”). The agreement was concluded that “When the lease agreement has been terminated, the leased object shall be restored to its original state, and the lessor shall return the leased object to A, and the lessor shall return the deposit.” As a special agreement, A agreed that “the lessee shall be liable when an issue arises with respect to the illegal building during the lease period.”

The current status of the land and buildings in this case shall be as shown in the attached Form 2.

Defendant E moved in the instant building on May 28, 2007, changed the use of the first and second floors underground from the above building to the “house association” from the “house” to the “school association,” and around that time, the Defendant E established the Defendant church as a representative, and started the activities of the association from the instant building.

Defendant E and C used the above building for not only the purpose of the assembly activities of the Defendant church, but also their residence, and around 2009, Defendant E and C installed a 1-story container structure building with the area of 34 square meters in the instant part of the land (hereinafter “instant container”) and thereafter the above container is the Defendant.

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