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(영문) 수원지방법원 2016.12.14 2014가단530101
건물철거 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) E:

A. Of the area G of the wife population G of the Plaintiff (Counterclaim Defendant), the land size of 770 square meters is as shown in the attached Form 2.

Reasons

1. Evidence 【Evidence】1, A2-1, A2, A3, A4-1 through 3, A6-1 through 4, A7-1 through 9, A7-9, the result of the on-site inspection by this court, the result of the appraiser H’s appraisal by this court, the result of the request for surveying and appraisal by this court and the purport of the whole pleadings;

A. On February 3, 1988, A acquired the ownership of G 770 square meters in the wife population G (hereinafter “the Plaintiff’s land”).

On the other hand, A owned the same area of 588 square meters and the same 1970 square meters prior to K, adjacent to the Plaintiff’s land.

B. (1) On January 11, 1993, Defendant E completed the registration of transfer of ownership in its name with respect to the land size of 588 square meters and 1970 square meters prior to K, which was owned by the Republic of Korea on January 14, 1993 by reason of sale and purchase on January 14, 1993.

(2) Defendant E newly constructed a building indicated in the attached sheet (hereinafter “instant building”) with a building permit granted on the above K’s 1970 square meters (hereinafter “instant Defendant’s land”), and obtained approval for the use of the instant building on January 30, 1996, and the registration for the preservation of ownership was completed on June 27, 2002 in Defendant E’s name.

C. A lease contract (1) between A and Defendant F entered into between Defendant F and the Plaintiff’s land on January 11, 2004, setting the lease term from January 1, 2004 to December 31, 2005, and 1.5 km as of December 31, 2005, respectively.

(2) Defendant F newly constructed, in sequence, a warehouse connected to the Plaintiff’s land each point of 69 square meters in order to connect each point of 1,2,3,4,5,6, and 1 attached Table 3 drawings to the instant land, and of 42,43, 43, 1, 60, and 42 attached Table 2 drawings on the same ground, each point of which is indicated as 44, 45, 46, 61, 62, and 44.

(3) The Plaintiff demanded renewal of the lease from January 15, 2006 to December 11, 2009, taking into account the increase in land prices, but Defendant F refused to comply therewith. Defendant F expressed his intention of termination of the lease on the ground of overdue rent payment since 2005, and the above lease termination.

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