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(영문) 수원지방법원평택지원 2015.11.30 2013가단10654
건물철거등
Text

1. The Plaintiff (Counterclaim Defendant)’s selective principal claim and the Defendant (Counterclaim Plaintiff)’s counterclaim are dismissed, respectively.

2...

Reasons

1. Basic facts

A. The forest of this case is a real estate owned by the Plaintiff, which completed the registration of transfer of ownership as of December 29, 197 by the Suwon District Court’s Ansan registry office (No. 12067). (2) around 1986, the Defendant leased part of the forest of this case from the Plaintiff and the Plaintiff’s father (Death around December 31, 1987), and obtained permission from the Governor of Gyeonggi-do on the diversion of preserved forest of 825 square meters among the above forest.

3) As above, the Defendant constructed the instant temple and the instant debentures on the ground on which the permission for diversion of a reserved forest was obtained, and completed the registration of ownership preservation as of February 9, 1989. (B) On the part of the instant forest land between the Plaintiff and the Defendant, the Suwon District Court Ansan Branch of the Republic of Korea (No. 2611, Feb. 9, 1989). (1) The rent between the Plaintiff and the Defendant was set at KRW 500,000 per annum around 1987, and thereafter, the rent was gradually increased to KRW 700,000 per annum and KRW 1,000 per annum. The Defendant paid the Plaintiff KRW 1,40,000 per annum on December 24, 2005 (the amount in 2005) and January 10, 2007 (the amount in 2006) as rent.

2) On June 3, 2007, the Plaintiff and the Defendant concluded a lease agreement with the purport that the term of lease for part of the instant forest land from January 2007 to December 2009 is increased by KRW 2,500,000 (hereinafter “instant lease agreement”).

3) Accordingly, the Defendant paid to the Plaintiff KRW 2,50,000 on December 28, 2007 (the portion in 2007), December 23, 2008 (the portion in 2008), January 28, 2009 (the portion in 2009), December 23, 2010 (the portion in 2010), December 26, 2011 (the portion in 201), December 26, 2012 (the portion in 2012), December 31, 2012 (the portion in 2012), December 23, 2013 (the portion in 2013), February 6, 2015 (the portion in 2014).

C. Defendant’s possession status 1) Of the instant forest land, the instant temple was built and owned on the ground indicated in the annexed drawings on the “A” portion of the instant forest land, and on the ground indicated in the “B” portion of the “B” portion of the instant forest land, the instant forest land is occupied by constructing and owning the instant necessary bonds. In addition, the Defendant is also holding.

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